[Ord. 1809, 2-21-2024]
(A) 
This subchapter establishes the procedures for conducting administrative enforcement hearings.
(B) 
The City Council finds that there is a need to establish a uniform procedure for administrative enforcement hearings conducted pursuant to the City of Indio Municipal Code. It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes: adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action.
(C) 
The City Manager is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative enforcement hearings. The City Manager 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. The hearing officers shall be appointed by resolution of the City Council.
[Ord. 1809, 2-21-2024]
(A) 
Where an administrative enforcement remedy or proceeding authorized by this title provides for an enforcement hearing, the enforcement official may request a hearing officer to schedule a day, time and 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 or property owner.
(C) 
The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the City Manager.
(D) 
The notice of hearing shall be served by any of the methods of service listed in Subchapter 3.
[Ord. 1809, 2-21-2024]
(A) 
The enforcement 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.
(B) 
The enforcement hearing officer shall retain jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing.
(C) 
The enforcement hearing officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative enforcement order. Procedures for the use of a code enforcement performance bond shall be promulgated by the City Manager.
[Ord. 1809, 2-21-2024]
(A) 
Administrative enforcement 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 be promulgated by the City Manager.
(B) 
The city bears the burden of proof at an administrative enforcement hearing or a nuisance abatement hearing to establish the existence of a violation of the City of Indio Municipal Code or applicable state code, or to establish the existence of a public nuisance.
(C) 
The standard of proof to be used by the enforcement hearing officer in deciding the issues at an administrative hearing is a preponderance of the evidence standard.
(D) 
Each party shall have the opportunity to cross-examine witnesses and present evidence in support of their case.
[Ord. 1809, 2-21-2024]
Any party whose property or actions are the subject of an administrative enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and to an adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided.
[Ord. 1809, 2-21-2024]
(A) 
The decision of the enforcement hearing officer shall be made within ten days of the hearing, entitled "Administrative Enforcement Order" and be issued in accordance with the rules and procedures promulgated by the city manager.
(B) 
The “Administrative Enforcement Order” shall be served on all parties by any one of the methods listed in Subchapter 3 of this code.
(C) 
The “Administrative Enforcement Order” shall become final on the date of service of the order.
[Ord. 1809, 2-21-2024]
Judicial review of an “Administrative Enforcement Order” may be sought pursuant to a writ of administrative mandamus. Once an administrative enforcement order becomes final as provided in this subchapter, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure § 1094.6 except as otherwise specifically provided elsewhere in this code.
[Ord. 1809, 2-21-2024]
It is unlawful for any party to an administrative enforcement hearing who has been served with a copy of the final Administrative Enforcement Order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or a misdemeanor.