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)
