The purpose of this chapter is to provide a hearing and opportunity to contest the citations and orders or civil fines and penalties that are imposed as a result of violating various provisions in this title.
(Ord. 09-03 § 1)
A. 
All requests for a hearing pursuant to this chapter must be made to the city manager.
B. 
A request for a hearing to contest a citation and order or a civil fine or penalty shall be made in writing within 15 calendar days after the mailing of the citation and order or notice of the fine or penalty.
C. 
All requests for a hearing must contain the name of the party requesting the hearing and the address where the hearing notice should be sent. Failure to provide the correct mailing address on the request will result in a waiver of hearing, if the city is unable to properly serve the notice of hearing information.
D. 
If a request for hearing is not filed within the time period set forth above, the citation and order or civil fine and penalty shall be deemed a final order of the city.
(Ord. 09-03 § 1)
Upon receiving the request for a hearing, the city manager or designee shall issue a hearing notice. The notice shall contain:
A. 
A copy of the citation and order or notice of civil fines or penalties that will be the subject of the hearing.
B. 
An order to appear before the hearing officer at a stated date and time, but in no event less than 20 calendar days after the mailing of the hearing notice.
C. 
A statement that the person requesting the hearing may be represented by an attorney, or someone else of their choosing at their own expense.
D. 
A statement that if the party does not proficiently speak or understand English, the party may provide an interpreter, at the party's own cost, to translate for the party. However, the interpreter shall not have had any involvement in the matter for which the hearing is requested.
E. 
A statement that all interested persons and/or witnesses may attend and testify at the hearing.
(Ord. 09-03 § 1)
The hearing notice shall be served either by personal delivery or by mailing a copy by first class mail to the address provided on the request for hearing, or to the record owner's address or other applicable source for the legal owner of any property that may be subject to the civil fines, penalties or orders. At the discretion of the hearing officer, copies of the notice may also be mailed to any holder of an interest in the property or a mortgage, deed of trust or other lien or encumbrance of record if the fines, penalties or abatement orders pertain to the maintenance of a particular property.
(Ord. 09-03 § 1)
A. 
The city shall record the proceedings at the hearing with a tape recorder. The party requesting the hearing shall be given a copy of the tape upon request. Either party may provide a certified court reporter to create a record of the proceedings at the party's own expense.
B. 
At the time set for hearing, the hearing officer shall begin the hearing by administering an oath or affirmation to tell the truth to all persons giving testimony.
C. 
The hearing officer shall call upon city staff to begin the hearing with testimony and documentation demonstrating the violations that resulted in the citation and order or civil fines and penalties. The city ordinances, rules and regulations that were violated, as well as the provisions that provide for citations and orders or civil fines and penalties shall also become part of the hearing record.
D. 
The party who requested the hearing shall then be given an opportunity to provide testimony and documentation concerning the violation. Such testimony can include information regarding the means and time frame for either correction of the violation or payment of the fines and penalties.
E. 
The technical rules of evidence shall not apply. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons would rely. Either party may ask questions or cross-examine the other party. The hearing officer may ask questions of either party at any time.
F. 
Hearsay evidence is allowed, but the hearing officer has the discretion to give it no weight if there is no other evidence to substantiate it.
G. 
The hearing officer has discretion to exclude evidence if it is duplicative and would result in an undue consumption of time.
(Ord. 09-03 § 1)
The hearing officer may grant continuances from time to time for good cause. However, in no event shall the hearing be extended for more than 45 calendar days unless there are extenuating circumstances to justify such an extension or continuance.
(Ord. 09-03 § 1)
The hearing officer shall make findings based on the record of the hearing and shall issue a written decision based on the findings within 15 business days of the hearing. The findings shall include (A) findings of facts, (B) a determination whether or not a violation of the specified code section or sections has occurred based upon the findings of facts, (C) whether the proper notice has been given in compliance with the code, and (D) if a violation has occurred, what are the appropriate costs or penalties. The hearing officer may affirm, reject or modify any citation and order or civil fine or penalty imposed on the party based upon the severity of the violation and the party's efforts, or lack thereof, to remedy the problem. The civil fines and penalties may be adjusted if the hearing officer finds that imposition of the penalty would create a substantial undue economic hardship on the party. The hearing officer may also order the party to take such action deemed necessary to abate or correct the violation within specific deadlines. The hearing officer shall have the discretion to assign different compliance dates for different conditions or violations, if needed. The written decision shall be served on the party and/or legal owner of the property, if applicable, by personal delivery or certified mail.
(Ord. 09-03 § 1)
The decision of the hearing officer is final and can only be appealed by filing a petition for judicial review in accordance with the timeliness and other provisions set forth in California Government Code Section 53069.4.
(Ord. 09-03 § 1)