This chapter establishes the procedures for the use of Administrative Hearing Officers and the procedures governing administrative hearings.
(Prior code § 1-076; Ord. 2021-11-02-1201 C.S. § 2)
The City Attorney shall promulgate rules and procedures as are necessary to establish a pool of qualified persons who are capable of acting on behalf of the City as Hearing Officers.
(Prior code § 1-077; Ord. 2021-11-02-1201 C.S. § 2)
The City Attorney shall develop policies and procedures relating to the appointment and compensation of Hearing Officers. The selection of Hearing Officers to preside at administrative hearings shall be pursuant to the developed policies and procedures relating to appointment of Hearing Officers. Hearing Officers shall be compensated by the City pursuant to the policies and procedures relating to compensation of Hearing Officers.
(Prior code § 1-078; Ord. 2021-11-02-1201 C.S. § 2)
Any person designated to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. Rules and procedures for the disqualification of a Hearing Officer shall be promulgated by the City Attorney.
(Prior code § 1-079; Ord. 2021-11-02-1201 C.S. § 2)
A.
The Hearing Officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the Hearing Officer independently determines that due process has not been adequately afforded.
B.
The Hearing Officer, upon receipt of a written request which is submitted no later than five days before the hearing, shall subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees shall be borne by the party requesting the subpoena. The City Attorney shall develop policies and procedures relating to the issuance of subpoenas in administrative hearings, including the form of the subpoena and related costs.
C.
The Hearing Officer has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist, granting a new hearing.
D.
The Hearing Officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative order.
(Prior code § 1-080; Ord. 2021-11-02-1201 C.S. § 2)
It is unlawful for any person to refuse to obey a subpoena issued by a Hearing Officer. Failure to obey a subpoena constitutes contempt and may be prosecuted as a misdemeanor.
(Prior code § 1-081; Ord. 2021-11-02-1201 C.S. § 2)
A.
A person served with any one of the following documents, orders or notices may file an appeal provided that such appeal is filed within 10 calendar days from the service of the notice or document, and payment of the required hearing fee is made:
1.
Any civil penalty notice and order;
2.
An administrative citation issued pursuant to this code;
3.
A notice of intent to record a notice of violation;
4.
A notice of intent to abate, including vehicle abatement;
5.
A notice and order to vacate with or without relocation fees;
6.
A notice of confirmation of costs hearing;
7.
A decision of the Public Works Director.
B.
The appeal shall be made in writing, setting forth the grounds of the appeal, and filed with the Director on or before the 10th day after service.
(Prior code § 1-082; Ord. 2021-11-02-1201 C.S. § 2)
A.
Where an administrative remedy or proceeding provides for an appeal procedure, the Director shall request the City Attorney to appoint a Hearing Officer and to schedule a day, time and place for the hearing.
B.
Written notice of the time and place of the hearing shall be served at least 10 calendar days prior to the date of the hearing to the responsible person.
C.
The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the City Attorney.
(Prior code § 1-083; Ord. 2021-11-02-1201 C.S. § 2)
A.
Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow the procedures promulgated by the City Attorney.
B.
The City bears the burden of proof at an administrative hearing to establish the existence of a violation of the Municipal Code or applicable State codes.
C.
The standard of proof to be used by the Hearing Officer in deciding the issues at an administrative hearing is by a preponderance of the evidence.
D.
Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.
(Prior code § 1-084; Ord. 2021-11-02-1201 C.S. § 2)
Any responsible person who requests a hearing or whose actions are the subject of an administrative hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that the hearing was properly noticed.
(Prior code § 1-085; Ord. 2021-11-02-1201 C.S. § 2)
A.
The decision of the Hearing Officer shall be entitled "administrative order" and shall be issued in accordance with the rules and procedures promulgated by the City Attorney.
B.
Once all evidence and testimony are completed, the Hearing Officer shall issue an administrative order which affirms, modifies or rejects the Director's action. In the case of a notice and order of civil penalty, the administrative order may affirm, modify or reject the daily rate or duration of the civil penalties depending upon the review of the evidence and may increase or decrease the total amount of civil penalties and costs assessed.
C.
The Hearing Officer may issue an administrative order that requires the responsible person to cease from violating the Municipal Code or applicable State codes and to make necessary corrections within a specific time frame.
D.
As part of the administrative order, the Hearing Officer may establish specific deadlines for the payment of penalties and costs and condition the total or partial assessment of civil penalties on the responsible person's ability to complete compliance by specified deadlines.
E.
The Hearing Officer may issue an administrative order which imposes additional civil penalties that will continue to be assessed until the responsible person complies with the Hearing Officer's decision and corrects the violation.
F.
The Hearing Officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative order.
G.
The administrative order shall become final on the date of service of the order.
(Prior code § 1-086; Ord. 2021-11-02-1201 C.S. § 2)
Once an administrative order becomes final as provided in this chapter, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6 or as may be amended hereafter.
(Prior code § 1-087; Ord. 2021-11-02-1201 C.S. § 2)
A.
After the Hearing Officer issues an administrative order, the Director shall monitor the violations and determine compliance.
B.
Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative order, the Director may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative order including seeking an injunction.
C.
Failure to comply with an administrative order constitutes a misdemeanor.
(Prior code § 1-088; Ord. 2021-11-02-1201 C.S. § 2)