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HomeMy WebLinkAboutResolution 4926-04-2018 A Resolution NO. 4926-04-2018 RE-APPOINTING SUBSTITUTE HEARING OFFICER IN THE PARKING VIOLATIONS BUREAU AND DESIGNATING THE SUBSTITUTE HEARING OFFICER TO CONDUCT HEARINGS AND APPEALS UNDER CHAPTERS 7, 10, 12.5, and 22 OF THE CITY CODE AND TO PERFORM OTHER ASSIGNED DUTIES WHEREAS,a Substitute Hearing Officer serves on an as-needed-basis to hear specific cases and ensure the proper and efficient functioning of administrative hearings; WHEREAS, a Substitute Hearing Officer, vested with the same authority as the full- time hearing officer, is authorized to conduct hearings; WHEREAS, Chapter 7 of the Code of the City of Fort Worth (2015), as amended, (City Code) provides for a hearing officer to hear appeals from decisions of the Director of Code Compliance regarding the probationary status, suspension or revocation of the registration of multi-family complexes; WHEREAS, Chapter 10 of the Code of the City of Fort Worth provides for the appointment of one or more hearing officers who serve two-year terms and adjudicate cases involving parking, stopping, or standing of vehicles and conduct boot hearings; WHEREAS, Chapter 12.5 of the City Code provides for a hearing officer to hear formal appeals regarding solid waste and recycling decisions; WHEREAS, Chapter 22 of the City Code provides that a hearing officer oversees the Parking Violations Bureau and has original jurisdiction over cases involving violations of city ordinances governing the parking, stopping, or standing of vehicles and that the hearing officer conducts hearings involving violations of city ordinances governing junked vehicles; and WHEREAS, it is recommended that the City Council re-appoint Dave Westen as a Substitute Hearing Officer for the Fort Worth Parking Violations Bureau for a two- year term, and designate the Substitute Hearing Officer to conduct hearings and appeals pursuant to Chapters 7, 10, 12.5, and 22 of the City Code and to perform other duties as assigned by the City Manager or his designee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That, the City Council hereby re-appoints Dave Westen as a Substitute Hearing Officer in for the Fort Worth Parking Violations Bureau effective April 15, 2018, and expiring April 14, 2020, and designates the Substitute Hearing Officer to conduct �&RTWORTH Resolution No.4926-04-2018 hearings and appeals pursuant to Chapters 7, 10, 12.5, and 22 of the City Code, and to perform other duties as assigned by the City Manager or his designee. Adopted this 10 day of April, 2018 ATTEST: FORT 011 O By: ?J Mary J. Kayse , ity Sec etary .�(AS OR wo City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/10/2018 - Resolution No. 4926-04-2018 DATE: Tuesday, April 10, 2018 REFERENCE NO.: **G-19263 LOG NAME: 38RE-APPOINTMENT OF SUBSTITUTE HEARING OFFICER SUBJECT: Adopt Resolution Re-Appointing Dave Westen as a Substitute Hearing Officer for the Fort Worth Parking Violations Bureau and Designating the Substitute Hearing Officer to Conduct Hearings and Appeals Pursuant to Chapters 7, 10, 12.5, and 22 of the City Code and to Perform Other Duties as Assigned (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached resolution re-appointing Dave Westen as a Substitute Hearing Officer for the Fort Worth Parking Violations Bureau for a two-year term effective April 15, 2018, through April 14, 2020, and designating the Substitute Hearing Officer to conduct hearings and appeals pursuant to Chapters 7, 10, 12.5, and 22 of the City Code and to perform other duties as assigned. DISCUSSION: Section 10-17 of the Code of the City of Fort Worth (2015), as amended, (City Code) specifies that the City of Fort Worth Parking Violations Bureau is composed of one or more Hearing Officers who are appointed by the City Council for terms of two years and who report to and are under the administrative oversight of the Director of Municipal Court Services. A Substitute Hearing Officer serves on an as- needed-basis to hear specific cases and ensures the proper and efficient functioning of administrative hearings. A Substitute Hearing Officer, vested with the same authority as the full-time hearing officer, is authorized to conduct hearings under Chapters 7, 10, 12.5, and 22 of the City Code, including the following: 1. Hears appeals from the decisions of the Director of Code Compliance regarding the probationary status, suspension or revocation of the registration of multi-family complexes as provided in Chapter 7 of the City Code; 2. Adjudicates cases involving parking, stopping, or standing of vehicles and conducts boot hearings under Chapter 10, Article Il, of the City Code; 3. Conducts formal appeal hearings regarding solid waste and recycling decisions for the Director of Code Compliance or his designee under Chapter 12.5, Article VIII, of the City Code; and 4. Conducts hearings involving violations of City ordinances governing junked vehicles, as set out in Chapter 22, Article IX, of the City Code. This is the third term for Dave Westen as a Substitute Hearing Officer. The attached resolution re-appoints Dave Westen as a Substitute Hearing Officer for the Fort Worth Logname: 38RE-APPOINTMENT OF SUBSTITUTE HEARING OFFICER Page 1 of 2 Parking Violations Bureau and designates the Substitute Hearing Officer to conduct hearings and appeals under Chapters 7, 10, 12.5, and 22 of the City Code and to perform other duties as assigned by the City Manager or his designee. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. FUND IDENTIFIERS (FIDs): TO Fund Departmentccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference # Amount ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Theresa Ewing (7461) Additional Information Contact: Mark Weibel (8683) Logname: 38RE-APPOINTMENT OF SUBSTITUTE HEARING OFFICER Page 2 of 2