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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