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(1) Ability to Pay Determination. Any person issued an administrative citation pursuant to this article may request a determination on the person’s ability to pay the administrative fine. The person may request an ability-to-pay determination at any time prior to payment of the fine, including when a fine is delinquent or has been referred to a comprehensive collection program.

(a) The director or hearing officer shall reduce the fine to 20 percent of the total if the citee meets either of the following criteria:

(i) If the citee is receiving public benefits under California Government Code Section 68632(a); or

(ii) If the citee has a monthly income which is 125 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.

(2) Appeal of Administrative Citation. Any person issued an administrative citation pursuant to this article shall have the right to appeal the issuance of the administrative citation in accordance with and the time limits set forth in the provisions of Chapter 1.40 CMC.

(a) Notwithstanding the provisions of Chapter 1.40 CMC, upon the submission of proof of a valid permit issued by the city pursuant to this article, any administrative fine imposed upon a sidewalk vendor who did not have a valid permit at the time the administrative citation was issued shall be reduced in accordance with CMC 5.08.1570(2)(d).

(3) Appeal of Denial or Rescission of Sidewalk Vending Permit.

(a) City Manager. Any person who has been denied a sidewalk vending permit or who has had a sidewalk vending permit rescinded by the director pursuant to the provisions of this article may appeal such determination to the city manager, or designee thereof, by filing a request for an appeal with the city clerk, and tendering a filing and processing fee as set by resolution of the city council, within 10 calendar days of service of the notice of such denial or order of rescission. The request for an appeal shall contain, at a minimum, the following:

(i) The name, current mailing address, and telephone number of the appellant;

(ii) The date of denial or rescission by the director of public works;

(iii) A statement as to all grounds for appeal in sufficient detail to enable the city manager, or designee thereof, to understand the nature of the controversy; and

(iv) The signature of the appellant under penalty of perjury as to the contents of the request for appeal.

(b) Appeal hearings shall be conducted before the city manager, or designee thereof, in the same manner as set forth under the provisions of CMC 5.04.200; however, the determination of the city manager, or designee thereof, shall be appealable to the public safety commission.

(c) Public Safety Commission. Any person who has appealed the denial or rescission of a sidewalk vending permit pursuant to subsection (3)(a) of this section and who is dissatisfied with the determination of the city manager may appeal such determination to the public safety commission by filing a request for an appeal with the city clerk, and tendering a filing and processing fee as set by resolution of the city council, within 10 calendar days of service of the notice of the city manager’s determination. The request for appeal shall contain, at a minimum, the same information as required for an appeal to the city manager.

(d) City Council. Any person who has appealed the denial or rescission of a sidewalk vending permit pursuant to subsection (3)(c) of this section and who is dissatisfied with the determination of the public safety commission may appeal such determination to the city council by filing a request for an appeal with the city clerk, and tendering a filing and processing fee as set by resolution of the city council, within 10 calendar days of service of the notice of the public safety commission’s determination. The request for appeal shall contain, at a minimum, the same information as required for an appeal to the city manager.

(i) Appeal hearings before the city council shall be conducted in the same manner as set forth under CMC 5.04.290(3); however, any remand by the city council shall be to the city manager or designee thereof. (Ord. 709 § 3, 2020).