HomeMy WebLinkAboutResolutions - No. 98-153RESOLUTION NO. 98-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
REGARDING BURDENS OF PROOF TO BE APPLIED IN MUNICIPAL
ADMINISTRATIVE PROCEEDINGS CONDUCTED PURSUANT TO
§8.24.060(B) OF THE LODI MUNICIPAL CODE
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WHEREAS, the City Council of the City of Lodi has undertaken and is currently
conducting an ongoing legislative review and analysis of the administrative adjudicatory
process provided by §8.24.060 of the Lodi Municipal Code; and
WHEREAS, the City Council is aware of proceedings which have been undertaken
pursuant to §8.24.060(8) and which are currently pending before an Administrative
Hearing Officer of the City of Lodi appointed by this Council; and
WHEREAS, the City Council desires further to assure the public that proceedings
undertaken pursuant to §8.24.060(B) are timely and effective both in carrying out the
goals and purposes of Lodi Municipal Code Chapter 8.24 to provide appropriate and
timely protection of the public health, safety and environment, and in establishing an
administrative procedure that is fair and adequately protective of the legal rights of the
parties to those proceedings.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi
does hereby instruct that until further formal action by the Lodi City Council, the City of
Lodi Municipal Hearing Officers shall, in all proceedings conducted under §8.24.060(6)(3)
of the Lodi Municipal code apply the following evidentiary burdens: (1) the Enforcing
Officer shall have the initial burden of producing prima facie evidence of the facts
supporting the findings necessary to uphold the relief imposed in the Abatement Action
Order; and (2) upon such showing, Respondents shall have the burden of rebutting such
facts as to all or any portion of the relief imposed by the Abatement Action Order by clear
and convincing evidence, notwithstanding anything to the contrary in §8.24.060(B)(3)(c).
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, based on the above, the
City Council of the City of Lodi does hereby instruct that this Resolution shall govern the
evidentiary burdens applicable to proceedings under §8.24.060(6), until further formal
action on this matter by the City Council.
Dated: October 7, 1998
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I hereby certify that Resolution No. 98-153 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held October 7, 1998, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Land, Mann, Pennino and
Sieglock (Mayor)
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
ALICE M. RE MCHE
City Clerk
98-153