(A) Notice of Appeal; Fee. Except for matters requiring prompt judicial review as described in Section 1.09.050, any person objecting to the administrative decision of a city official may, within ten (10) days, appeal by filing a written Notice of Appeal ("Notice") with the City Clerk, stating the grounds for why such decision is not proper and thus being contested. Any appeal shall be limited to such written grounds. Payment of the relevant fee for appeal, which may be established by City Council resolution, must be submitted with the Notice. Any hearing fee shall not exceed the reasonable cost to the City of a hearing, and shall include one-half of the fees and costs charged by the hearing officer, as provided for in Section 1.09.040.
(B) Hearing Officer Assignment; Hearing Date. The City Clerk shall forward the appeal for assignment to a hearing officer selected pursuant to one of the methods described in § 1.09.030 above. The hearing officer so assigned shall schedule a date for hearing within ten days after the date of referral of the appeal by the City Clerk; provided, however, that the hearing officer may take more than ten calendar days if he or she reasonably determines that additional time is necessary or upon the mutual agreement of the parties. The hearing shall be held not more than 30 days from time of referral by the City Clerk to the hearing officer; provided, however, that the hearing officer may schedule the hearing more than 30 calendar days out if he or she reasonably determines that additional time is necessary or upon the mutual agreement of the parties. At least ten days prior to the date of the hearing on the appeal, the hearing officer shall notify the appellant and city official of the time, date and place for the appeal hearing. To the extent that specific state or City ordinances set forth additional notice provisions, the hearing officer shall also comply with such provisions. In addition, the hearing officer may continue the hearing date from time to time as he or she determines is reasonably necessary to allow a full and fair adjudication of the issues.
(C) Stay of Decision. With respect to appeals regarding an activity protected by the First Amendment of the United States Constitution, a properly filed Notice stays the city official's decision until the hearing officer renders a decision on the appeal. With respect to all other appeals, nothing in this chapter shall impair a person's right to seek temporary relief from a court of competent jurisdiction pending the hearing officer's decision on the appeal; provided, however, that without a court order the city official's decision shall not be stayed and nothing in this code shall be interpreted to require or support such temporary relief.
(D) Rights of Hearing Officer. The hearing officer is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing, the appellant and the city official may present evidence relevant to the decision of the city official. The hearing officer shall have authority to receive evidence and shall rule on the admissibility of evidence and on questions of law. At the hearing, any person may present evidence in opposition to or in support of appellant's case.
(E) Recording of Appeal Hearing. All hearings shall be recorded by a video or audio device. Any party to the appeal hearing may also, at its own expense, utilize a court reporter to record the proceeding. If a court reporter is not utilized, the City will make the video or audio tapes of the hearing available to any party. The City may charge a reasonable fee for reproducing the tapes. If a court reporter is utilized, a party to the hearing may obtain a copy of the transcript upon payment of any applicable fees or costs charged by the court reporter. The City may destroy such tapes or transcripts following the time during which any and all appeals of the administrative citation are required to be made pursuant to this chapter or following the time during which such tapes or transcripts are required to be retained by the City pursuant to state law, whichever is later.
(F) Evidentiary Rules. The hearing need not be conducted in accordance with the technical rules of evidence. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in a civil action. The rules of privilege are applicable to the extent they are permitted in civil actions. Any relevant evidence may be admitted if it is the type on which reasonable persons are accustomed to rely in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Oral evidence may be taken on oath or affirmation. Irrelevant collateral, undue or repetitious evidence shall be excluded.
(G) Hearing Officer Decision. At the conclusion of the hearing, the hearing officer may uphold, modify or reverse, in any manner he or she deems justified pursuant to the evidence presented, the decision of the city official which is the subject of the appeal. The decision shall not, however, conflict with any substantive provisions of the applicable chapter(s) of this Code. The hearing officer shall, within five calendar days of the conclusion of the hearing, file with the City Clerk his or her written decision, along with written findings of fact and conclusions of law, and shall provide a copy of the decision to all parties; provided, however, that the hearing officer may take more than five calendar days if he or she reasonably determines that additional time is necessary or upon the mutual agreement of the parties. If any party is represented by an attorney, the attorney shall be served. The decision of the hearing officer is final when filed with the City Clerk. The hearing officer shall also submit the original copies of the record to the City Clerk.
(Ord. 2883, § 1, 2007.)