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 applicable pursuant to any provision of the municipal code, and/or statute, rule, code or regulation. Multiple permits and licenses held by the same user and subject to this chapter may be heard simultaneously in the same proceeding.
(Prior code § 88.01; Ord. 660 4-17-18; Ord. 695 10-15-19)
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 designee shall prepare and serve a written notice of action recommendation upon the subject permit or license holder.
A notice of action recommendation is not required if the provisions of this chapter are being used to conduct an appeal of a decision to suspend, modify, or revoke a license or permit.
(Prior code § 88.02; Ord. 660 4-17-18; Ord. 695 10-15-19)
The notice of action recommendation should substantially 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. 
If applicable, 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.
(Prior code § 88.03; Ord. 660 4-17-18; Ord. 695 10-15-19)
The City Manager or 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 of action recommendation to be delivered to the permit or license holder personally or by causing a copy to be delivered to the permit or license holder by certified mail, postage prepaid, return receipt requested, and addressed to permit or license holder at the address shown on the permit or license.
(Prior code § 88.04; Ord. 660 4-17-18)
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 designee.
(Prior code § 88.05; Ord. 660 4-17-18)
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.
(Prior code § 88.06; Ord. 660 4-17-18)
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 administrative hearing and render all decisions and findings in writing to the permit or license holder with a duplicate copy to the issuing official. The Hearing Officer may accept, modify or reject the findings and determinations supporting the recommendation.
(Prior code § 88.07; Ord. 660 4-17-18)
The Hearing Officer’s authority to hear and consider the notice of action recommendation shall be limited to only those matters within his or her subject matter jurisdiction. The Hearing Officer shall consider at the administrative hearing only those issues which are relevant to the issues of the hearing. The Hearing Officer shall not have the authority to waive any requirements of the municipal code and/or any applicable statutes, rules, codes or regulations.
(Prior code § 88.08; Ord. 660 4-17-18)
The City Manager, or designee, shall select the Hearing Officer to conduct administrative hearings pursuant to this chapter. All Hearing Officers shall be impartial third parties and shall not have any pecuniary interest in the proceeding over which he or she is presiding, nor any pecuniary interest in the outcome thereof.
(Prior code § 88.10; Ord. 660 4-17-18; Ord. 695 10-15-19)
The procedures adopted in this chapter by the City for the selection of Hearing Officers shall not replace, substitute for, or in any way affect the Administrative Hearing Board processes created by the uniform and national codes adopted by the City and the administrative hearings provided by the uniform and national codes shall be treated separate and apart from the administrative hearing procedures adopted herein.
(Prior code § 88.11; Ord. 660 4-17-18)
As soon as practicable, but allowing sufficient time for providing notice of the hearing, the Hearing Officer shall fix a date, time and place for the hearing of the appeal and shall instruct the issuing official of the same. The issuing official shall prepare a notice of administrative hearing (hearing notice), which shall be in substantially the same form as follows:
You are hereby notified that a hearing will be held before the Administrative 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.
(Prior code § 88.12; Ord. 660 4-17-18)
The issuing official shall cause a copy of the hearing notice to be provided to the subject permit or license holder either by causing a copy of the notice to be delivered to such person(s) personally or by causing a copy of the notice to be delivered by 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.
(Prior code § 88.13; Ord. 660 4-17-18)
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 hearing notice and retained by the issuing official.
(Prior code § 88.14; Ord. 660 4-17-18)
A. 
The issuing official 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, if applicable, 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.
B. 
At least five days prior to the hearing, the persons or entities subject to a notice of action recommendation shall be provided with a copy of the issuing official’s administrative hearing packet. A copy of any written documents prepared by the subject permit or license holder for the Hearing Officer’s review shall likewise be provided to the City at least five days prior to the hearing. No other discovery is permitted. No additional reports or post-hearing briefs shall be permitted.
(Prior code § 88.15; Ord. 660 4-17-18; Ord. 695 10-15-19)
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. The Hearing Officer shall not be limited by the technical rules of evidence.
(Prior code § 88.16; Ord. 660 4-17-18)
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.
(Prior code § 88.17; Ord. 660 4-17-18)
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.
(Prior code § 88.18; Ord. 660 4-17-18)
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.
(Prior code § 88.20; Ord. 660 4-17-18)
The notice of decision shall be served upon the subject permit or license holder within 30 days from the date the hearing is deemed closed. The notice of decision shall be served either 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 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.
(Prior code § 88.21; Ord. 660 4-17-18)
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 issuing official.
(Prior code § 88.22; Ord. 660 4-17-18)
The effective date of the decision and order of the Hearing Officer shall be as stated therein.
(Prior code § 88.23; Ord. 660 4-17-18)
Any appeal of an administrative determination by the Hearing Officer involving the suspension, modification or revocation of a permit, license or other entitlement pertaining to expressive conduct protected by the State or Federal Constitution is eligible for expedited judicial review pursuant to the applicable Code(s) of Civil Procedure.
(Prior code § 88.24; Ord. 660 4-17-18; Ord. 695 10-15-19)
The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorney’s fees incurred in any such proceeding. In no proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the City in the proceeding.
(Ord. 660 4-17-18; Ord. 695 10-15-19)