A.
These
sections establish the procedures for the use of administrative hearing
officers and the procedures governing administrative hearings.
B.
Qualifications
of Administrative Hearing Officer. The city attorney shall promulgate
rules and procedures as are necessary to establish a list of qualified
persons who are capable of acting on behalf of the city as hearing
officers.
C.
Appointment
of Administrative Hearing Officer. Hearing officers presiding at administrative
hearings shall be appointed by the city attorney and compensated by
the city. The city attorney shall develop policies and procedures
relating to the appointment and compensation of hearing officers.
D.
Disqualification
of Hearing Officer. 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.
E.
Powers
of Hearing Officer.
1.
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.
2.
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.
3.
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.
4.
The
hearing officer has the authority to require the responsible person
to post a code enforcement performance bond to ensure compliance with
an administrative order.
F.
Failure
to Obey Subpoena. It is unlawful for any person to refuse to obey
a subpoena issued by a hearing officer.
(Ord. 1457 § 2, 2010)
B.
The
appeal shall be made in writing stating the grounds for the appeal
and filed with the director on or before the tenth day after service
and shall be accompanied by the appeal fee as adopted by the city
council.
(Ord. 1457 § 2, 2010)
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 a place for the hearing.
B.
Written
notice of the time and place of the hearing shall be served at least
ten 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.
D.
The
notice of hearing shall be served by any of the methods of service
listed in this chapter.
(Ord. 1457 § 2, 2010)
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 this code, adopted uniform codes,
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.
(Ord. 1457 § 2, 2010)
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 have waived the right to a hearing and
the adjudication of the issues related to the hearing, provided that
the hearing was properly noticed.
(Ord. 1457 § 2, 2010)
A.
The
decision of the hearing officer shall be entitled "Administrative
Order" and shall be issued in accordance with this chapter and 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 this code, adopted uniform
codes, 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.
H.
The
administrative order shall be served on all parties by any one of
the methods listed in this chapter.
(Ord. 1457 § 2, 2010)
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.
(Ord. 1457 § 2, 2010)
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.
(Ord. 1457 § 2, 2010)
