6.20.320 Appeals.
A. The Harbormaster and Waterfront Manager have full authority to interpret and enforce all the rules and regulations affecting the Marina. Their decisions and those of their designated representatives shall be final, except that such decisions shall be subject to appeal only when they result in (1) cancellation of a berthing permit, or (2) any other action for which an appeal is required in order to accord due process. All other actions shall be final and unappealable.
B. An individual directly affected by and who wishes to dispute a decision subject to appeal under paragraph (A) of this section may file a written appeal with the City Manager within ten calendar days of the date notice of said decision is mailed by first class mail or equivalent means. To be considered, an appeal must be timely and comply fully with the requirements of paragraph (C) below. The City Manager shall have the discretion, where in the City’s best interests, to stay and/or modify further enforcement of the disputed decision, including without limitation the collection of fees, pending resolution of an appeal; however, any such interim stay or modification shall not impact other remedies, if any.
C. Appeals must include
1. A heading in the words, "Appeal Pursuant to B.M.C. Chapter 6.20, Marina Appeals Procedure";
2. The names and mailing addresses of all parties to the appeal (appellant(s));
3. A signed and dated verification, by declaration under penalty of perjury;
4. A brief statement, in ordinary and concise language, of the specific order or decision being disputed, together with any material facts claimed to support the appellant’s contentions, including the affected vessel’s registration or documentation number (state and/or federal as appropriate);
5. A brief statement setting forth each appellant’s legal interest in the vessel(s) involved in the dispute, and including without limitation identification of all owners, part-owners, lessees, occupants, and anyone else known to have a financial interest in the vessel;
6. A copy of any written decisions of, correspondence with, Marina or other City staff, and any other relevant documentation, including permit(s), regarding the subject matter of the appeal;
7. A brief statement, in ordinary and concise language, of the relief sought, and the reasons why it is claimed the disputed order or decision should be reversed, modified, or set aside;
8. Any appeal fee authorized by the City Council;
9. If the notice provided pursuant to Section 6.20.290 includes as a basis for the decision a determination that the vessel is not seaworthy, the appeal must also include a current vessel survey certified by a professional marine surveyor.
D. Where a timely and complete appeal has been filed, the City Manager shall, within ten calendar days, set the appeal for hearing before a Hearing Officer to be designated by the City Manager. Notice of the time, place, and any other information the City deems necessary regarding such hearing shall be mailed to the appellant(s) not less than five business days prior to the time set for hearing. The formal rules of evidence shall not apply to such hearings, but the Hearing Officer shall ensure that evidence presented is reliable and protects the rights of the parties in that regard. The Hearing Officer shall serve a written decision upon the appellant within ten calendar days of the hearing, with a copy to the Waterfront Manager and the City Manager. The Hearing Officer’s decision shall be final when mailed. Where the appeal includes a current vessel survey certified by a Professional Marine Surveyor, the Hearing Officer shall accept the conclusions of that survey.
E. Any person entitled to submit an appeal but who fails or chooses not to file an appeal as provided herein, or who files an untimely or incomplete appeal, or who fails to appear for any scheduled hearing regarding the appeal, waives any right to appeal a disputed decision of Marina staff. Only those matters or issues specifically raised by an appellant pursuant to these procedures shall be considered in the processing of their appeal.
F. The provisions of Section 1094.6 of the California Code of Civil Procedure, as amended from time to time, shall apply to the judicial review, if any, of a final decision made under this chapter; except that, where a shorter statute of limitations applies pursuant to state or federal law, it shall control. (Ord. 6925-NS § 1 (part), 2006: Ord. 6645-NS § 1, 2001)