(1) Administrative authority. The city manager or the city manager’s designee shall have the authority to:
(a) Administer oaths;
(b) Audit records to assure conformance with this code;
(c) Certify official acts;
(d) Subpoena and require attendance of witnesses at meetings or hearings to determine compliance with this code;
(e) Require production of relevant documents;
(f) Swear witnesses;
(g) Take testimony of any person by deposition;
(h) Adopt rules for implementation of any provisions of this code; and
(i) Perform all other acts necessary to administer or enforce the provisions of this code.
(2) Notice of Rulemaking. Prior to the adoption, amendment, or repeal of any rule, the city shall give notice of intended rulemaking by:
(a) Making copies of the notice of intended rulemaking available to any person who has requested such notice, and to any business which possesses a license issued pursuant to the rule;
(b) Publishing the notice of intended rulemaking in a newspaper of general circulation for at least five days.
(3) Contents of Notice. The notice of intended rulemaking shall state the subject matter and purpose of the intended action in sufficient detail to inform a person that the person’s interests may be affected, and the time, place, and manner in which interested persons may present their views on the intended action. This notice shall include:
(a) A citation of the city’s legal authority to promulgate the rule;
(b) A statement of the need for the rule and a statement of how the rule is intended to meet the need; and
(c) A list of the principal documents, reports, or studies, if any, prepared by or relied upon by the city in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection.
(4) Opportunity for Comment. The city shall give interested persons reasonable opportunity of not less than 15 days to submit data or views. The city manager shall make findings that consider fully any written submissions.
(5) Temporary Rules. Notwithstanding the above, the city manager may adopt temporary rules that shall expire 180 days from the date of adoption of any addition to or revision of this code.
(6) Emergency Rules. Notwithstanding the above, the city manager may adopt, amend, or suspend a rule without prior notice or hearing or upon any abbreviated notice and hearing that he/she finds practicable, if the city manager issues:
(a) A statement of findings that failure to act promptly will result in serious prejudice to the public interest or the interest of the parties concerned and the specific reasons for the findings of prejudice;
(b) A citation of the city’s legal authority to promulgate the rule;
(c) A statement of the need for the rule and a statement of how the rule is intended to meet the need; and
(d) A list of the principal documents, reports, or studies, if any, prepared by or relied upon by the city in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection.
Any rule adopted, amended, or suspended under this section is temporary and may not be effective for a period of longer than 180 days. The adoption of a rule under this section does not preclude the subsequent adoption of an identical rule under the permanent rule adoption procedures.
(7) Mailing List. Any person may request in writing from the city, mailed copies of notices of intended action given pursuant to (2)(a). Upon receipt of any request, the city shall acknowledge the request, establish a mailing list, and maintain a record of all mailings made pursuant to requests.
(8) Petition Requesting Adoption of Rule. Any interested person may petition the city requesting the promulgation, amendment, or repeal of a rule. The city manager may prescribe by rule the form or contents of such petitions and the procedure for their submission, consideration and disposition. Not later than 30 days after the date of submission of a petition, the city shall take action on the petition.
(9) Basis for Rule. Unless otherwise provided by ordinance, the adoption, amendment, or repeal of a rule by the city manager need not be based upon or supported by an evidentiary record.
(10) Validity of Rules. All rules shall be adopted in substantial compliance with the provisions of this section in effect on the date the rule is adopted.