Unless otherwise provided by law, ordinance, rule or regulation, when the council is to render an adjudicatory decision after consideration of evidence, an "administrative hearing" will be conducted in accordance with this chapter. This chapter does not apply whenever a public hearing is required by law. This chapter does not apply when a hearing is required for matters such as subdivisions, variances, conditional use permits, and planned developments. The administrative hearing shall be labeled by the city clerk for council action to indicate the type of matter involved, as exemplified by, but not limited to, the types of administrative hearings described in this chapter.
(Ord. 3727 § 1, 1983)
Where an appeal is filed with the city clerk requesting the council to review a final, determinative action of a city committee, commission, or employee, an "administrative hearing: appeal" shall be set for hearing by the city clerk, and the parties shall be designated as follows:
A. 
The "appellant" who files the appeal;
B. 
The "real party in interest," if not the appellant, whose interest is affected by the action.
(Ord. 3727 § 1, 1983)
Where an application is filed with the city clerk seeking a right or entitlement, an "administrative hearing: application" shall be set for hearing by the city clerk, and the party who is seeking the right or entitlement shall be designated the "applicant.”
(Ord. 3727 § 1, 1983)
Where a notice of code violation is issued by the city seeking to determine whether a person's conduct is in conflict with applicable laws, ordinances, rules or regulations, an "administrative hearing: inquiry" shall be set for hearing by the city clerk, and the party whose conduct is in question shall be designated the "respondent.”
(Ord. 3727 § 1, 1983)
Where the council seeks to determine whether a right, authority, permit, license or privilege should be revoked, suspended, limited or conditioned, an "administrative hearing: review" shall be set for hearing by the city clerk, and the party whose entitlement is in question shall be designated the "respondent.”
(Ord. 3727 § 1, 1983)
In proceedings under this chapter, an individual party may appear in person, or be represented by an agent with written authorization. A corporate party may be represented by an authorized officer or employee. A partnership or joint venture may be represented by an authorized member or employee. Any party may be represented by a member of the State Bar of California.
(Ord. 3727 § 1, 1983)
The city manager or his designated representative shall present the pre-hearing position of the city and shall be designated the "presenting officer.”
(Ord. 3727 § 1, 1983)
The parties shall be given reasonable notice of the date set for hearing.
(Ord. 3727 § 1, 1983)
A. 
No later than five p.m., six days prior to the date set for hearing, each party and the presenting officer shall file with the city clerk a list of all witnesses to be presented by such person and ten copies of each document such person intends to offer into evidence during the hearing.
B. 
In a like manner, the presenting officer shall file a proposed decision with proposed findings.
(Ord. 3727 § 1, 1983)
Continuances or extensions of time may be granted by the council for good cause, or upon agreement of all parties and the presenting officer.
(Ord. 3727 § 1, 1983)
A. 
Only a party, the presenting officer, or a person whose name appears on a filed witness list may present oral evidence during the hearing.
B. 
Oral evidence shall be taken only under oath or affirmation.
(Ord. 3727 § 1, 1983)
For good cause the council or the mayor may cause a subpoena to be issued. The mayor shall sign the subpoena, attested to by the city clerk.
(Ord. 3727 § 1, 1983)
A. 
Each party and the presenting officer shall have the right to fully present evidence in accordance with this chapter.
B. 
Each party and the presenting officer shall have the right to present evidence in explanation or rebuttal.
C. 
The hearing shall not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence, including hearsay, shall be admitted if it is evidence on which reasonable persons are accustomed to relying in the conduct of serious affairs. The presiding member of the council may set reasonable time limitations on the presentation of evidence.
D. 
The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized by law.
E. 
Irrelevant and unduly repetitious evidence shall be excluded.
F. 
Each party and the presenting officer may propound questions through the presiding member of the council to the opposing side.
(Ord. 3727 § 1, 1983)
Upon the submission of evidence, only the presenting officer, a party, or an authorized representative of a party may present argument. The presiding member of the council may limit the time for the argument.
(Ord. 3727 § 1, 1983)
Applying laws, ordinances, rules, and regulations to the specific evidence presented during the hearing, the council shall make an adjudicatory decision regarding the rights, duties, and entitlements of interested persons, and may make such decision or direct that such action be taken as the council deems necessary.
(Ord. 3727 § 1, 1983)