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YUEN: That’s correct, Ivan, right, that there is no provision for the return of the
<br />filing fee in the ordinance?
<br />TORIGOE: I’m trying to recall if -. I have some vague recollection that in certain
<br />circumstances when one might be able to, but I can’t remember if it was just like a, you know,
<br />poverty situation or something like that. We don’t have the Board of Appeals Rules, do we?
<br />SIRACUSA: It just seems like, if the Planning Department, for example, was acting
<br />frivolously, you know, not saying that you would or you do, but you know, you are not going to
<br />be the only Planning Director in the world, and the person really was innocent all along and, you
<br />know, where he’s shown to be right, it seems that they shouldn’t have to bear that cost. After all,
<br />to use Rodney’s example, if somebody were to sue me for something and I have to defend
<br />myself, you know, then I could always have the option of suing them for court costs and
<br />attorney’s fees, that sort of thing, right, so, to get back what I needed to defend myself.
<br />WATANABE: It’s not uncommon -.
<br />ALAMEDA: Mr. Chair?
<br />WATANABE: But then again, you know, what you are discussing, I believe is potentially
<br />a separate amendment, to another section?
<br />SIRACUSA: Because I do support this; I do think we need some teeth here to close the
<br />loophole where some really ugly and possibly even hazardous violations are taking place. But at
<br />the same time, it seems like if somebody is found to be innocent or not in violation at the very
<br />least, it shouldn’t cost them money to have to -.
<br />WATANABE: Well, on the other hand, it may be like I -.
<br />SIRACUSA: I mean it cost them money in the first place when they file their appeal;
<br />but they should be at least be able to recover that -.
<br />WATANABE: I understand where you are headed. But it may be in a different statute
<br />and a separate amendment that would be required, yeah? And so I’m not sure if we want to go
<br />there right at this moment. Mr. Woodward.
<br />WOODWARD: Yes, Mr. Chairman. I seem to remember, because I did actually appeal a
<br />property tax increase; and my recollection was that if you were successful, that they would
<br />refund your filing fee. But that’s honestly neither here nor there because we are not voting on
<br />that. We are voting on what we are going to do; these are going to be the Board of Appeals
<br />rules, and we have no jurisdiction in that regard. So whether or not it’s fair and what they do,
<br />that’s really not something for us to consider. We have to consider what we need to do. And as
<br />I pointed out at the last meeting when we discussed this, you know, if the IRS sends you a bill,
<br />says you owe more taxes, and you file an appeal to Tax Court, you still have to pay the money.
<br />And you know, if you are successful, you get it back. And that’s the way it ought to be here. I
<br />mean there is no reason to give people a chance to escape just because they file an appeal. So I
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