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The purpose of this Section is to identify the types of hearing officers used by the City when referring hearings on matters that would otherwise be under the jurisdiction of the City Council or a City officer or employee as designated in any provision of the Anaheim Municipal Code, and to establish the procedures for such hearings, as appropriate.
.0101 "City Hearing Officer." The term "City Hearing Officer" shall mean the person appointed by Resolution of the City Council to conduct hearings, receive evidence, and, in specified circumstances, make final decisions on behalf of the City.
.0102 "Employee Hearing Officer." The term "Employee Hearing Officer" shall mean a regularly employed City employee appointed by either the City Council, its designee, an authorized City employee, or by operation of law, to conduct a hearing, receive evidence, and, in specified circumstances, make final decisions on behalf of the City. Unless otherwise expressly provided therein, provisions in the Anaheim Municipal Code which authorize a regularly employed City employee to appoint a hearing officer shall require appointment of an Employee Hearing Officer.
.0103 "Hearing." The term "hearing" as used in this Section shall mean any proceeding required by law in which evidence is required to be taken and discretion in the determination of facts is vested in the City Council, or a designated City officer or employee, which discretion, in specified instances, is delegated to a Hearing Officer.
.0104 "Hearing Officer." The term "Hearing Officer," for purposes of this Section, shall collectively include the City Hearing Officer, Employee Hearing Officers and Stipulated Hearing Officers.
.0105 "Parties." The term "Parties" as used in this Section shall mean (i) the City of Anaheim and (ii) the permit or project applicant, and (iii) the owner of the property which is directly the subject of the hearing, if any.
.0106 "Stipulated Hearing Officer." The term "Stipulated Hearing Officer" shall mean the person appointed, subject to mutual agreement of the Parties, to conduct a hearing, receive evidence, and in specified circumstances, make final decisions on behalf of the City.
.020 Procedure Applicable Where Hearing Officer Makes Advisory Recommendation to City Council. In the absence of any procedure expressly made applicable by any other provision of this Code, the procedures set forth in this subsection .020 shall apply to hearings in which the Hearing Officer is required to conduct a hearing and make advisory recommendations to the City Council.
.0201 The Hearing Officer shall hold such hearing within the time and manner, and notice of such hearing shall be given, as would otherwise apply had the hearing been held by the City Council.
.0202 The Hearing Officer shall receive evidence, both oral and written, at such hearing and shall prepare, or cause to be prepared, an administrative record of such hearing, which record, as certified by the Hearing Officer, together with the written recommendation of the Hearing Officer of the action to be taken, shall be submitted to the City Council within twenty days following the conclusion of such hearing.
.0203 Within thirty days following the receipt of the administrative record and written recommendation of the Hearing Officer, the City Council shall render a decision upon the matter in the manner required by law. The decision of the City Council shall be based upon the administrative record prepared by the Hearing Officer and the City Council shall not take or consider additional evidence. Notwithstanding the foregoing, oral argument shall be permitted by the City Council prior to its decision.
.0204 To the extent the time limits and procedures set forth in this subsection .020 are inconsistent with any other provision of this Code, specific time limits otherwise stated in the Code shall govern.
.0205 In the event the City Council is legally unable to act upon a matter following referral by the Hearing Officer, due to a tie vote, or the proposed motion or resolution receives more affirmative than negative votes, but fails to receive the minimum number of affirmative votes legally required for adoption, and such inability to act is the result of an abstention by one or more members of the City Council (whether legally required or otherwise), the recommendation of the Hearing Officer shall be deemed final and conclusive without further action of the City Council. The City Clerk shall certify the decision of the Hearing Officer as the final decision of the City and shall mail a copy of the certification to the Parties and such other persons or entities requesting notice of such decision.
.0206 Any request for a rehearing of the decision of the Hearing Officer, so certified as the final decision of the City by the City Clerk, shall be filed with the City Clerk within the time limits specified in subsection .040 of Section 1.12.100 of this Code.
.0207 The City Council shall either grant or deny any request for rehearing. In the event the City Council grants any request for rehearing for any matter where the hearing to which the request relates was held by the Hearing Officer, such rehearing shall be held by the Hearing Officer who initially heard the matter and made the recommendation to the Council, unless otherwise mutually agreed by the Parties.
.030 Procedure Applicable Where Hearing Officer Makes Final Decision. In matters wherein the Code specifies that the decision of the hearing officer shall be deemed final and conclusive without further action of the City Council or any subordinate body, officer or employee of the City being required, the Hearing Officer shall conduct the hearing in accordance with the procedures applicable to such matter as otherwise specifically set forth in the provisions of this Code applicable to such matter.
.040 The City Council may, due to illness or any other reason, including recusal, which causes the Hearing Officer to be unable to complete a hearing and make a decision, appoint a substitute Hearing Officer to complete the hearing and make the final decision.
.0401 No person appointed to be a substitute Hearing Officer, other than an Employee Hearing Officer, shall be eligible for a future appointment for a period of two years after the completion of such person's duties as Hearing Officer, except that the period of ineligibility may be waived by mutual agreement of the Parties.
.0402 The substitute Hearing Officer shall review the record of the portion of the hearing already conducted and, after considering the arguments of any person, determine whether to proceed with the hearing or to commence the proceedings anew.(Ord. 4799 § 1: February 3, 1987; Ord. 5774 § 49; July 24, 2001; Ord. 5866 § 1; June 17, 2003.)