Ordinance 16-42 Enacting Appeal Process for Port and Harbor Citations Issued

Summary

An Ordinance of the City Council of Homer, Alaska Enacting Homer City Code 10.04.115, Appeal from Port and Harbor Citation Issued Pursuant to Homer City Code Title 7 and Homer City Code Title 10. City Manager/Port and Harbor Director.

Ordinance/Resolution ID: 
16-42
Ordinance/Resolution Status: 
Adopted
Introduction Date: 
07/25/2016
Effective Date: 
08/09/2016
File Attachments: 
Public Hearing Date: 
08/08/2016
Second Reading Date: 
08/08/2016

Related Meetings

Details

CITY OF HOMER                                                               
HOMER, ALASKA

City Manager

ORDINANCE 16-42 

 

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA ENACTING HOMER CITY CODE 10.04.115, APPEAL FROM PORT AND HARBOR CITATION ISSUED PURSUANT TO HOMER CITY CODE TITLE 7 AND HOMER CITY CODE TITLE 10.

 

WHEREAS, The Port and Harbor has revised the Port and Harbor Uniform Citation making it specific to offences that can be cited by the Harbor Enforcement Officer; and

 

WHEREAS, The Port and Harbor Uniform Citation includes a 30 day appeal period and an appeal process is absent from city code.

 

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

 

Section 1.  Homer City Code 10.04.115, Appeal from Port and Harbor Citation issued pursuant to Homer City Code Title 7 and Homer City Code Title 10, is enacted to read as follows:

 

(a)  A person who has been issued a citation for a violation of Homer City Code Title 7 or Homer City Code Title 10 by the City of Homer Harbor Master, or their designee, may appeal that action to the hearing officer designated by the City Manager by completing an Administrative Hearing Request Form and delivering the form to the Homer City Clerk’s office no later than 30 days after the issuance of the citation.  

 

(b) The hearing officer shall schedule an appeal hearing for the next available hearing date after the date of delivery of the Administrative Request Hearing Form to the City Clerk’s office.

 

(c) The appeal hearing shall be conducted informally and may be governed by such rules and procedures as the hearing officer may establish, except that:

 

Each party has the right to be represented by counsel.

 

Each party may present witnesses and evidence.

 

Each party and witnesses may appear in person or by telephone.

 

Each party may confront and question witnesses.

 

The individual receiving the citation may testify in their own defense.

 

Each party may subpoena witnesses.

 

The hearing shall be open to the public.

 

An electronic recording shall be made of the hearing.

 

(d) The hearing officer may exercise independent judgment as to the weight of evidence supporting or refuting the notice of violation or impoundment, and may exercise independent judgment on legal issues raised by the parties.

 

(e) No later than 30 days following the hearing the hearing officer shall issue a written decision including findings of fact and conclusions of law. Such findings must be reasonably specific so as to provide interested persons and, where appropriate, reviewing authorities, a clear and precise understanding of the reasons for the decision entered. The decision, findings of fact, and conclusions of law shall be forwarded to all parties to the appeal. A final appealable decision must indicate that it is a final order and that a party disputing the decision has 30 days to appeal.

 

(f) A final decision issued under subsection (e) of this section may be appealed to the superior court within 30 days after the date the decision was issued. For the purposes of this section the date of issuance is the date upon which the decision was mailed or delivered to the parties.

 

Section 2.  This Ordinance is of a permanent and general character and shall be included in the City Code.

 

                ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________, 2016.

 

                                                                                                                CITY OF HOMER

 

 

_____________________________

                                                                                                                MARY E. WYTHE, MAYOR

 

ATTEST:
 

____________________________

JO JOHNSON, MMC, CITY CLERK

 

YES:

NO:

ABSTAIN:

ABSENT:

 

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

 

Reviewed and approved as to form.

 

                                                                                                                                                                                                               

Mary K. Koester, City Manager                                                              Holly C. Wells, City Attorney

Date:                                                                                                                    Date:                                                                   

 

 

Fiscal Note: NA