ORD 412ORDINANCE NO. 412
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, ADDING SECTION
2.04.115 RELATING TO APPLICATION FOR WAIVER OF
CITY APPEAL FEES
THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. 2.04.115 Waiver of appeal fees.
A. . The City Manager may waive the fee required for filing an appeal as set forth
in Section 2.04.110 of this Chapter or in any other applicable city code section if
the appellant meets the requirements of this section.
B. The party seeking the fee waiver must be the real, and not nominal, party in
interest, and shall not be granted a waiver if there are any interested parties
financially capable of paying the fee.
C. Subject to the limitations of subsection (B) of this section, waiver of the fee
shall be granted by the City Manager if the applicant declares under penalty of
perjury and the City Clerk determines that the applicant is receiving benefits
pursuant to the Supplemental Security Income (SSI) and State Supplemental
Payments (SSP) programs (Sections. 12200 through 12205.2 of the Welfare and
Institutions Code), or the Aid to. Families with Dependent Children (AFDC) program
(42 United States Code 601 through 644), or the Food Stamp program (7 United
States Code 2011 through 2027) or Section 17000 of the Welfare and Institutions
Code or -the appellant declares under penalty of perjury that their monthly income is
less than the current monthly poverty threshold annually established by the
Community Services Administration pursuant to Section 625 of the Economic
Opportunity Act of 1964, as amended. In order to be considered for the fee
waiver, appellant must obtain from the City Manager and fully complete and submit
an Application for Waiver of ,City Appeal Fees. The City Manager may require the
appellant to furnish 'such financial information as the City Manager deems
necessary to deem the application complete in order to make a decision. The
decision of the City Manager on the fees waiver shall be final and conclusive and
there shall be no appeal to a city body or official from said decision.
Ordinance No. 412
Title 2 Chapter 2.04 Municipal Code Amendment
Establishing a Waiver Process / City Appeal Fees
Adopted: January 4, 2005
Page 2
D. An appellant desiring waiver of an appeal fee shall submit a fully completed
Application for Waiver of City Appeal Fees at the same time as the appeal is filed.
Said appellant shall furnish within two working days, any additional information
requested by the City Manager to substantiate the waiver request. If the
information requested is not furnished within said two working days, the City
Manager may deny the fee waiver request. After an appellant requests waiver of
the appeal fee, the applicable dates or time periods for hearing the appeal shall be
tolled until the City Manager decides the fee waiver request.
SECTION 2. Any person who willfully provides the City Manager with false
statements of material facts is guilty of a misdemeanor and upon conviction thereof
is punishable by a fine of not more than one thousand dollars ($1,000.00) or -by
imprisonment for a period of not more than six months, or by both such fine and
imprisonment.
SECTION 3. The City Clerk shall certify to the passage of this Ordinance
and shall cause the same to be posted in three places within the City of La Quinta
as specified in City Council Resolution 98-109.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 4`h day of January, 2005, by the following vote:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Afto
DON ADOLP 4M47�-
City of La Quinta, California
Ordinance No. 412
�--• Title 2 Chapter 2.04 Municipal Code Amendment
Establishing a Waiver Process / City Appeal Fees
Adopted: January 4, 2005
' Page 3
ATTEST:
J . GREEK, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
Ile
. KATH RINE JENS , City orney
City of La Quinta, California
Ordinance No. 412
Title 2 Chapter 2.04 Municipal Code Amendment
Establishing a Waiver Process / City Appeal Fees
Adopted: January 4, 2005
Page 4
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true, and correct copy of Ordinance No. 412 which was
introduced at a regular meeting on the 21" day of December, 2004, and was
adopted at a regular meeting held on the 41h day of January, 2005, not being- less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution 98-109.
'Q�� - Q1
J E . REEK, CMC, CI y Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on 3 .n. &opa6, pursuant to Council
Resolution.
-(zf. 4E�
J . REEK, CMC, I y Clerk
City of La Quinta, California