2.75.120 Review.
The Office of Neighborhoods may at least annually perform a review of any and all Neighborhood Associations for the purpose of determining an association's compliance with this chapter. Such review shall be conducted as follows:
a. Dormant Status Review. All recognized associations are required to submit evidence to the Office of Neighborhoods that at least one general membership meeting has been held each calendar year, including a current list of elected officers. Any recognized neighborhood association failing to meet these requirements may fall under dormant status. Recognized neighborhood associations in dormant status shall be removed from all official city mailing lists and will lose the opportunity to receive certain notifications as described above, until such time as they re-activate their status by providing evidence of a general membership meeting and a current list of elected officers. Notice of the dormant status determination shall be mailed to the last provided list of elected officers and reported to the media for public awareness.
b. Compliance Review. All neighborhood associations are required to comply with the terms and conditions set forth in this chapter in order to benefit from official recognition by the city. Failure to do so may result in the association's loss of official recognition by the city.
If the city receives a compliant that a neighborhood association has failed to comply with this chapter, the Office of Neighborhoods shall conduct a fact-finding study and attempt to resolve the complaint directly with the complainant and the association. If the compliant remains unresolved and the Office of Neighborhoods makes an initial determination that the neighborhood association is out of compliance with this chapter, the compliant will be submitted to the City's Hearing Examiner for review.
1. Hearings Examiner Review. The Officer of Neighborhoods shall submit a complaint along with all documents prepared by it in connection with the compliant to the City's Hearing Examiner. Subject to a public hearing, the Hearings Examiner shall have the authority to reverse, affirm, or modify the initial determination of the Office of Neighborhoods. The Hearings Examiner shall have the authority to recommend that the City Council adopt a resolution withdrawing recognition of the neighborhood association and removing the association from all official mailing lists.
a. All complaints received shall be scheduled for hearing within 60 days from receipt of the complaint by the Hearings Examiner. Further extensions are permitted under mutual agreement of the parties.
b. Notice of the Hearings Examiner review shall be mailed to the complainant as well as the current neighborhood association officers or board members on record with the Office of Neighborhoods.
c. Hearings shall be open and public and shall allow for testimony on all relevant aspects of the proposed action and applicable policies and standards.
d. The Hearings Examiner may establish time limits on testimony or other additional rules regarding the conduct of the hearing and shall administer oaths to any person testifying.
e. Notice of the Hearings Examiner's decision or recommendation shall be mailed to the complainant as well as the association's officers or board of directors on file with the Officer of Neighborhoods.
f. The decision or recommendation of the Hearings Examiner may be appealed, by either the complainant or the neighborhood association and will be submitted to the City Council for review. An appeal of the Hearing Examiner's decision shall be in writing and set forth the specific provisions of the decision being appealed. Written appeals must be received by the Office of Neighborhoods within fourteen (14) days of the date of the written decision of the Hearing Examiner.
g. Any decision, not appealed within the required time limit as set forth in section (f) above shall be considered final and binding.
2. City Council Appeal/Review. Upon receipt of the Hearing Examiner's decision or recommendation, the Office of Neighborhoods, shall forward the Hearings Examiner's written decision or recommendation and the record of the hearing to City Council. Upon receipt of the Hearing Examiner's decision, the City Council shall conduct a public hearing, within a reasonable time. The council shall have the authority to adopt, amend, or reverse the findings of the Hearings Examiner. The decision of the council shall be a final and binding decision which will be set forth in the form of a council resolution. (Ord. M-3696 §1, 2005)