Administrative hearings shall be conducted in accordance with
this chapter and any administrative orders promulgated by the City
Manager.
A. Administrative
Hearing Procedures.
1. No
hearing to contest an administrative citation before an administrative
hearing officer shall be scheduled unless the full amount of administrative
penalties has been deposited in advance or an advance deposit hardship
waiver has been issued.
2. A
hearing before the administrative hearing officer shall be set for
a date not less than 15 calendar days and not more than 60 calendar
days from the date the request for hearing is filed and the city receives
a deposit of the full amount of administrative penalties or an advanced
deposit hardship waiver is issued.
3. An
appeal or request for an administrative hearing upon receipt of a
notice of violation for a public nuisance, a notice and order for
civil penalties, a decision of the City Manager or designee on a stop
work order or stop use order appeal, or a notice of hearing, and any
accompanying administrative citation(s) may be consolidated and heard
on the same date.
4. Notice of the administrative hearing shall be served on the responsible party(ies) by the city in the manner prescribed by Section
1.10.040 of this chapter.
5. The failure of any person with an interest in the property, or other responsible party, to receive a properly addressed notice of hearing, served pursuant to Section
1.10.040 of this chapter, shall not affect the validity of any proceedings under this chapter.
6. The
failure of any recipient of a notice of violation for public nuisance,
notice and order for civil penalties, stop work order or stop use
order, an administrative citation, or a notice of hearing to appear
at any scheduled hearing shall result in an adjudication of the notice,
order, or administrative citation, a forfeiture of any penalties,
late fees, and other costs, and a failure by the recipient to exhaust
administrative remedies.
7. At
the hearing, the party contesting the notice, order, or administrative
citation shall have an opportunity to testify and to present evidence
concerning the notice, order, or administrative citation. Formal rules
of evidence shall not apply during an administrative hearing.
8. Any
city-issued notices, administrative citations, and additional report(s)
submitted by an enforcement officer shall constitute prima facie evidence
of the respective facts contained in those documents.
9. The
administrative hearing officer may continue the hearing and request
additional information from the enforcement officer, the recipient
of the notice, order, or administrative citation, or the property
owner prior to issuing an administrative enforcement order.
10. Failure of a person to file an appeal in accordance with the provisions
of this section shall constitute a waiver of the person's rights to
an administrative determination of the merits of the notice, order,
or administrative citation and the amount of any administrative penalties
or late fees. If no appeal is filed, the citation shall be deemed
a final administrative order.
B. Administrative
Hearing Officer's Order.
1. After
considering all relevant testimony and evidence submitted at the hearing,
the administrative hearing officer shall issue a written administrative
enforcement order that upholds, modifies, or dismisses the notice,
stop work order or stop use order, or administrative citation. The
administrative enforcement order shall list the reasons for the decision
and shall be supported by substantial evidence in the record. The
administrative enforcement order shall provide the timeframe for any
future compliance dates or payment due dates and otherwise comply
with the requirements of any administrative orders promulgated by
the City Manager.
2. As
part of the administrative enforcement order, the administrative hearing
officer may:
a. Reduce, waive, or modify the administrative penalties or late fees
assessed by the citation, in an amount consistent with the provisions
of this chapter and Chapter 1.08. The total administrative penalty
shall not exceed $100,000.00 exclusive of administrative costs.
b. Impose, sustain, or modify civil penalties, consistent with the procedures in Section
1.10.060 of this chapter. The total civil penalty shall not exceed $400,000.00 exclusive of administrative costs.
c. Impose conditions and deadlines to correct the violations or require
payment of any outstanding penalties or late fees.
d. Assess reasonable administrative costs incurred by the city as defined in Section
1.10.010 of this chapter.
3. In
determining the amount of an administrative penalty, civil penalty,
late fee, or administrative costs, or in determining conditions and
deadlines to correct violations or make payments, the administrative
hearing officer shall consider all relevant evidence and the following
factors:
a. The duration of the violation.
b. The frequency or recurrence of the violation.
c. The nature and seriousness of the violation.
d. The history of the violation.
e. Whether the offense impacted environmentally sensitive lands, a historical
resource, or a designated historical resource as defined throughout
this code.
f. The willfulness of the responsible party's misconduct.
g. The responsible party's conduct after issuance of the notice, citation,
or stop work order or stop use order.
h. The good faith effort by the responsible party to comply.
i. The economic impact of the penalty on the responsible party.
j. The impact of the violation upon the community.
k. Any other factors that justice may require.
4. The
employment, performance evaluation, compensation, and benefits of
the administrative hearing officer shall not be directly or indirectly
conditioned upon the amount of the administrative citation penalties,
civil penalties, late fees, or administrative costs upheld by the
administrative hearing officer.
5. If
the administrative hearing officer determines that the notice, stop
work order or stop use order, and/or administrative citation should
be upheld, then any administrative penalty amount(s) on deposit with
the city shall be retained by the city.
6. If
the administrative hearing officer determines the notice, stop work
order or stop use order, and/or administrative citation should be
upheld, and the civil penalties have not been paid and/or the administrative
penalties have not been deposited pursuant to an advance deposit hardship
waiver, the administrative hearing officer shall set forth in the
administrative enforcement order a payment schedule for the administrative
penalties, civil penalties, and any costs imposed.
7. If
the administrative hearing officer determines the notice, stop work
order or stop use order, and/or administrative citation should be
dismissed and civil penalties were paid or administrative penalties
were deposited with the city, then the city shall promptly refund
the amount of the paid or deposited penalties together with interest
at the average rate earned on the city's investment portfolio for
the period of time the penalties were held by the city.
8. The
administrative hearing officer shall serve their administrative enforcement
order on all parties to the hearing within 14 calendar days of the
last hearing date by regular U.S. mail or any other method reasonably
likely to reach the recipient, including, but not limited to, electronic
mail or facsimile.
9. The
administrative enforcement order constitutes a final decision, effective
on the date of mailing. The administrative enforcement order must
contain the following statement: "The administrative enforcement order
of the hearing officer is final and binding. Judicial review of this
administrative enforcement order is subject to the provisions and
time limits set forth in California
Government Code Section 53069.4."
10. If the administrative enforcement order finds in favor of the city,
the City Clerk's office shall cause a copy of the administrative enforcement
order to be recorded against the affected property with the County
Recorder's office.
11. If the Code Enforcement Manager determines that compliance has been
achieved after the recording of an administrative enforcement order,
the Code Enforcement Manager shall direct the assigned enforcement
officer to issue and record a certificate of compliance against the
affected property.
C. Failure
to Comply With Administrative Enforcement Order.
1. Upon
issuance of an administrative enforcement order, the enforcement officer
shall monitor the violations and determine compliance.
2. It
is unlawful for a party to an administrative hearing, who has been
served with a copy of the administrative enforcement order pursuant
to this chapter, to fail to comply with the order. The city may treat
such failure as a violation of this code and use all available legal
or equitable remedies to recover any penalties, costs, fees, and obtain
compliance with the administrative enforcement order.
D. Right
to Judicial Review. The recipient of the notice of violation or administrative
citation may obtain judicial review of a final administrative decision
by filing an appeal under California
Government Code Section 53069.4,
subdivision (b). If no appeal of the final administrative decision
is filed within the time period set forth in California Government
Code Section 53069.4, the final administrative decision shall be deemed
confirmed.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
A. The City Manager shall establish rules and procedures pursuant to Section
1.10.020(D) of this chapter as are necessary to identify a pool of qualified persons capable of acting as administrative hearing officers.
B. Administrative
hearing officers presiding at administrative hearings shall be appointed
and compensated by the city. The City Manager shall develop policies
and procedures relating to the employment and compensation of administrative
hearing officers.
C. Any person designated to serve as an administrative 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 an administrative hearing officer shall be established by the City Manager under Section
1.10.020(D) of this chapter.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)