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(1) Initial application. Whenever an applicant is entitled by this Code to apply <br />for initial determination of a matter, he shall submit his application in writing to <br />the clerk of the council. The clerk shall determine that the application is in <br />complete and correct form and may refer it to any appropriate city department <br />for advice and assistance in making such determination. Thereafter, the City <br />Manager or designee shall appoint a hearing officer to consider applications in <br />specific types of matters and fix a time and place for a hearing to be held not <br />less than five (5) nor more than sixty (60) days after receipt of the application. <br />The clerk shall notify the applicant by mail at the address provided by the <br />applicant of the date on which the matter will be heard. <br />The hearing officer may but need not be a city employee. The clerk shall <br />assume responsibility for such publication of notice of the hearing as may be <br />required by law. If a hearing officer is appointed, the hearing shall be conducted <br />in accordance with this Code. <br />If any provision of law requires that public notice of the hearing be given, the <br />clerk shall cause such notice to be given so that the hearing may be scheduled <br />within the time required by this section. <br />(2) Appeal from action of city official, board or commission. Whenever an <br />applicant is entitled under this Code or any other provision of law to appeal from <br />an adverse determination in a matter made by a city official, board or <br />commission and desires to so appeal, he shall, within ten (10) days after he has <br />been notified of that determination, submit a notice of appeal to the clerk of the <br />council and a copy thereof to the person or the chairman of the body whose <br />decision is being appealed. <br />The notice of appeal shall be addressed to the clerk of the council and shall <br />specify the subject matter of the appeal, the official or body whose decision is <br />appealed, the date of any original and amended applications or requests, the <br />date of the adverse decision (or receipt of notice thereof), the basis of the <br />appeal, the action requested and the name and address of the appellant. <br />Thereafter, the City Manager or designee shall appoint a hearing officer to <br />consider appeals in specific types of matters and fix a time and place for a <br />hearing to be held not less than five (5) nor more than sixty (60) days after <br />receipt of the appeal. The clerk shall notify the appellant by mail at the address <br />provided by the appellant of the date on which the matter will be heard. <br />The hearing officer may but need not be a city employee. If a hearing officer is <br />appointed, the hearing shall be conducted in accordance with this Code. <br />Section 4. Section 3-6 of the Santa Ana Municipal Code is hereby amended to delete <br />any reference to the city council being involved in the appeal process, such that it reads <br />as follows: <br />Sec. 3-6. Rules of evidence inapplicable. <br />The hearing officer shall not be bound by the traditional rules of evidence in <br />hearings conducted under this chapter. <br />Ordinance No. NS-XXX <br />Page 2 of 9 <br />11 B-2 <br />