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Ordinance 21-01ORDINANCE NO. 21-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 8.17.090(D) TO OF THE EASTVALE MUNICIPAL CODE REGARDING PERSONAL APPEARANCE AT ADMINISTRATIVE CITATION APPEAL HEARINGS WHEREAS, Section 8.17.090(d) of the Eastvale Municipal Code requires appellants to appear "in person" at appeal hearings of administrative citations; and WHEREAS, due to the COVID-19 pandemic, the City's hearing officers have begun offering telephonic and video conference appeal hearings, and the hearing officers also offer the option for hearings based on the written material submitted by the appellant with their notice of appeal; and WHEREAS, the City Council now desires to eliminate the requirement that the appellant appear in person to provide maximum flexibility to the City's hearing officers and staff to schedule appeal hearings in a convenient and timely manner. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTAVLE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 8.17.090(d) of the Eastvale Municipal Code is amended to read as follows: Section 8.17.090 Administrative hearing; procedures (d) The appellant may appear at the hearing. If the appellant does not appear at the administrative hearing, the hearing officer shall make his or her determination based on the information contained in the notice of appeal. SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 3. This Ordinance shall take effect thirty (30) days from its passage by the City Council. RIV #4848-6893-2052 vl