The procedures set forth in this chapter apply only to those permits and licenses which are not specifically governed by any other procedures which may be required pursuant to any applicable provision of the municipal code, and/or applicable statute, rule, code or regulation.
(Ord. 504 § 2, 1999)
Upon reaching the determination that a specific violation of the municipal code, and/or applicable statute, rule, code or regulation warrants suspension, modification or revocation of a permit or license, the city manager or his or her designee shall prepare and serve a written notice of action recommendation upon the subject permit or license holder.
(Ord. 504 § 2, 1999)
The notice of action recommendation should include all of the following information:
A. 
The name of the subject permit or license holder;
B. 
The street address or definite location where the violation(s) occurred;
C. 
The code section(s) violated;
D. 
A description of the conditions or actions which warrant suspension, modification or revocation of the subject permit or license;
E. 
The action proposed (i.e., suspension, modification or revocation of the subject permit or license);
F. 
A description of any prior action taken by the city to gain compliance with the code with regards to the subject violation(s);
G. 
A description of the procedures involved in taking the proposed action, including the license or permit holder's right to attend the hearing on the proposed action; and
H. 
The name, title and telephone number of the official making the recommendation.
(Ord. 504 § 2, 1999)
The city manager or his or her designee shall cause a copy of the notice of action recommendation to be provided to the subject permit or license holder by causing a copy of the notice to be delivered to the permit or license holder personally or by causing a copy of the notice to be delivered to the permit or license holder via certified mail, postage prepaid, return receipt requested, and addressed to permit or license holder at the address shown on the permit or license.
(Ord. 504 § 2, 1999)
Proof of service of the notice of action recommendation shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the notice and retained by the city manager or his or her designee.
(Ord. 504 § 2, 1999)
As soon as practicable after service of the notice of action recommendation, the city manager or his or her designee shall submit a copy of the notice of action recommendation to the city clerk who, as soon as practicable after receiving said notice, shall fix a date, time and place for the hearing to consider suspension, modification or revocation of the subject permit or license. Such date shall be not less than ten calendar days and not more than forty-five calendar days from the date the notice was submitted to the city clerk.
(Ord. 504 § 2, 1999; Ord. 570 § 4, 2002)
As soon as practicable after scheduling the hearing to consider suspension, modification or revocation of the subject permit or license, the city clerk shall prepare a notice of hearing ("hearing notice"), which shall be in substantially the same form as follows:
NOTICE OF HEARING
You are hereby notified that a hearing will be held before _____________ (name of hearing officer) at _____________ on the _____________ day of _____________, at the hour of _____________, upon the Notice of Action Recommendation served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses testifying against you.
(Ord. 504 § 2, 1999)
Written notice of the time and place of the hearing to consider suspension, modification or revocation of the subject permit or license ("the hearing") shall be provided to the subject permit or license holder at least ten calendar days prior to the date scheduled for the hearing, either by causing a copy of the hearing notice to be delivered to the permit or license holder personally or by causing a copy of said notice to be delivered to the permit or license holder via certified mail, postage prepaid, return receipt requested, and addressed to the permit or license holder at the address shown on the subject permit or license.
(Ord. 504 § 2, 1999)
Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the notice and retained by the city clerk.
(Ord. 504 § 2, 1999)
The administrative hearing officer shall act as the hearing officer and conduct all hearings pursuant to the procedures set forth in this chapter, unless otherwise provided under any other applicable provision of the municipal code and/or any applicable statute, rule, code or regulation.
(Ord. 504 § 2, 1999)
The hearing officer shall review all evidence, documents, and written testimony and hear all oral testimony submitted by all interested parties at or before the scheduled revocation hearing and render all decisions and findings in writing to the permit or license holder with a duplicate copy to the city manager. The hearing officer may decide to accept, modify or reject the findings and determinations supporting the recommendation, and/or accept, modify or reject the recommendation.
(Ord. 504 § 2, 1999)
The hearing officer shall consider at the hearing only those matter or issues that are within the subject matter jurisdiction of the hearing officer and which are relevant to the issues of the revocation hearing.
(Ord. 504 § 2, 1999)
The city manager or his or her designee shall prepare an administrative hearing packet for the hearing officer to review prior to the hearing. The packet shall include a copy of the notice of action recommendation and a staff report, which should include a description of the violations and any actions taken by the subject permit or license holder subsequent to the service of the notice, a record of conversations or correspondence between the city and the permit or license holder concerning the violations and/or the notice of action recommendation.
(Ord. 504 § 2, 1999)
The hearing officer shall hear any evidence offered in support of or in protest of the proposed action provided such evidence is relevant to the issues of the hearing. The hearing officer has the authority to determine the relevance of any evidence to the hearing and the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.
(Ord. 504 § 2, 1999)
Any party with a legal interest in the subject license or permit who appears at the hearing shall have the following rights:
A. 
To call and examine witnesses;
B. 
To introduce documentary and physical evidence;
C. 
To cross-examine opposing witnesses;
D. 
To impeach any witness regardless of which party first called the witness to testify;
E. 
To rebut evidence; and
F. 
To be represented by anyone who is lawfully permitted to do so.
(Ord. 504 § 2, 1999)
If the subject permit or license holder fails to attend the scheduled hearing, the hearing will proceed without the permit or license holder and he or she will be deemed to have waived his or her rights to be orally heard at the hearing.
(Ord. 504 § 2, 1999)
The notice of decision shall contain a brief summary of the evidence considered, findings of fact, a determination of the issues presented, and the effective date of the decision.
(Ord. 504 § 2, 1999)
The notice of decision shall be served upon the subject permit or license holder within thirty days from the date the hearing is deemed closed. The notice of decision shall be served either by causing a copy of said notice to be delivered to the permit or license holder personally or by causing a copy of said notice to be delivered to permit or license holder via certified mail, postage prepaid, return receipt requested, and addressed to permit or license holder at the address shown on the subject permit or license.
(Ord. 504 § 2, 1999)
Proof of service of the notice of decision shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the notice of decision and shall be retained by the city clerk.
(Ord. 504 § 2, 1999)
Administrative determinations made pursuant to this chapter to suspend, modify and revoke permits, licenses or other entitlements are eligible for judicial review pursuant to the Writ of Mandate procedures set forth in California Code of Civil Procedure Section 1084 et seq.
(Ord. 517 § 4, 1999)
A. 
Administrative determinations made pursuant to this chapter to suspend, modify and revoke permits, licenses or other entitlements that regulate expressive conduct protected by the State Constitution or the First Amendment to the United States Constitution are eligible for expedited judicial review pursuant to California Code of Civil Procedure Section 1094.8.
B. 
In accordance with California Code of Civil Procedure Section 1094.8, subsection c, determinations to suspend, modify and revoke permits, licenses or other entitlements set forth in the following designated chapters of this code are determined to be eligible for expedited judicial review pursuant to California Code of Civil Procedure Section 1094.8 to the extent those permits, licenses or other entitlements pertain to expressive conduct that is protected by the First Amendment to the United States Constitution:
1. 
Permits, licenses or other entitlements set forth in Chapter 5.12 "Dances."
2. 
Permits, licenses or other entitlements set forth in Chapter 5.18 "Sexually Oriented Businesses."
3. 
Permits, licenses or other entitlements set forth in Chapter 5.20 "Handbills."
4. 
Permits, licenses or other entitlements set forth in Chapter 5.30 "Lobbying Activities."
5. 
Permits, licenses or other entitlements set forth in Chapter 5.70 "Commercial Filming and Photography."
6. 
Permits, licenses or other entitlements set forth in Chapter 5.72 "Miscellaneous Businesses Regulated."
7. 
Permits, licenses or other entitlements set forth in Chapter 11.24 "Parades."
8. 
Permits, licenses or other entitlements set forth in Chapter 11.44 "Parks and Recreation Areas."
9. 
Permits, licenses or other entitlements set forth in Chapter 11.68 "Charitable Solicitations."
10. 
Permits, licenses or other entitlements involving signs as set forth in Chapter 14.16 "Encroachments."
11. 
Permits, licenses or other entitlements issued pursuant to Ordinance Number 522 of the county of Riverside titled "An Ordinance of the County of Riverside Regulating and Licensing Outdoor Festivals" and adopted by Sections 16.02.020 and 16.02.030 of this code.
12. 
Permits, licenses or other entitlements set forth in Section 17.02.09.02 of the zoning ordinance "Application" for similar use determinations.
13. 
Permits, licenses or other entitlements set forth in Chapter 18.01 of the zoning ordinance "Residential" for permitted or conditional uses.
14. 
Permits, licenses or other entitlements set forth in Chapter 18.02 of the zoning ordinance "Commercial" for permitted or conditional uses.
15. 
Permits, licenses or other entitlements set forth in Chapter 18.03 of the zoning ordinance "Industrial" for permitted or conditional uses.
16. 
Permits, licenses or other entitlements set forth in Chapter 18.04 of the zoning ordinance "Open Space" for permitted or conditional uses.
17. 
Permits, licenses or other entitlements set forth in Chapter 19.03 of the zoning ordinance "Signs."
18. 
Permits, licenses or other entitlements set forth in Chapter 19.05 of the zoning ordinance "Non-conforming Structures and Uses" involving permitted or conditional uses.
19. 
Permits, licenses or other entitlements set forth in Chapter 19.06 of the zoning ordinance "Special Use Permit" for permitted or conditional uses.
20. 
Permits, licenses or other entitlements set forth in Chapter 19.07 of the zoning ordinance "Home Occupations" involving permitted or conditional uses.
21. 
Permits, licenses or other entitlements set forth in Chapter 19.08 of the zoning ordinance "Conditional Use Permits."
22. 
Permits, licenses or other entitlements set forth in Chapter 19.11 of the zoning ordinance "Design Review."
23. 
Permits, licenses or other entitlements set forth in Chapter 19.21 of the zoning ordinance "Special Provisions Applying to Miscellaneous Problem Uses" involving permitted or conditional uses.
24. 
Any other permit, license or entitlement hereinafter adopted into this code that regulates expressive conduct protected by the State Constitution or the First Amendment to the United States Constitution.
(Ord. 517 § 5, 1999)