(A) Time to appeal.
(1) Any person named as a responsible person in an administration citation or compliance order may contest the administrative citation or compliance order by completing a request for hearing form and serving it on the City Clerk in a manner described in Division 3 of this chapter within 30 calendar days from the date the administrative citation was served. A request for hearing form may be obtained from the City of Indio as specified on the administrative citation or compliance order.
(2) Upon the proper filing of a request for a hearing, the administrative fines associated with the contested administrative citation(s) shall be stayed pending the outcome of the hearing.
(3) The City Clerk shall forward any validly served request for hearing form to the citing agency as soon as practicable after receipt.
(B) Failing to timely appeal.
(1) Failure to timely and properly request a hearing, including the proper submission of a written declaration when a hearing by declaration is requested, shall constitute a waiver of all rights of appeal and a failure to exhaust administrative remedies. The administrative citation, along with any imposed fines, fees, and charges, shall be deemed final.
(C) Calculation of time.
(1) The time in which any act described in this section is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded in accordance with California Code of Civil Procedure § 12.
(E) Types of hearings and burden of proof.
(1) The recipient of the administrative citation may request an in-person hearing or hearing by written declaration.
(a) In-person hearings shall be open to the public.
(2) The city bears the burden of proof to establish a violation of this code by a preponderance of the evidence standard.
(F) Materials in support of the citation.
(1) All materials submitted to the hearing officer by the citing agency in support of the citation shall be known as the agency file.
(2) Within 15 court days of receiving the request for hearing form from the City Clerk, the citing agency shall send a copy of the agency file to the hearing officer.
(3) Within 15 court days of receiving the request for hearing form from the City Clerk, the citing agency shall make a copy of the agency file available to the person who requested the hearing.
(a) The person requesting the hearing may obtain a copy of the agency file in following ways:
(i) Retrieving the agency file from the citing agency in person, or
(ii) By electronic service, or
(iii) Certified mail.
(G) Submission of additional materials to the hearing officer.
(1) The citing agency and the requester of the hearing may submit additional materials to the hearing officer under the following conditions:
(a) The party submitting the additional materials to the hearing officer shall serve the opposing party with the additional information at the same time the additional information is provided to the hearing officer; and
(b) The materials are submitted at least ten court days before the scheduled in-person hearing date, or at any time before the hearing officer issues their ruling in a hearing by written declaration.
(H) In-person hearing procedure;
(1) Setting of an initial hearing date.
(a) The citing agency shall schedule the initial date and time for the hearing.
(b) The initial hearing date shall be set not less than 30 court days and not more than 90 calendar days from the date the citing agency received the request for hearing form from the City Clerk.
(c) The person requesting the in-person hearing shall be served in a manner described in Division 3 with written notice of the time and place of the hearing at least 20 court days prior to the date of the hearing.
(2) Requests for accommodations.
(a) The person requesting the in-person hearing can submit a written request for reasonable modification or accommodation as described in the Americans with Disabilities Act ("ADA").
(i) The request must be in writing;
(ii) The request must specify the type of accommodation being requested; and
(iii) The request must be served on the City Clerk in a manner described in Division 3 at least ten court days prior to the hearing date.
(3) Request to continue the hearing date.
(a) The person requesting the in-person hearing shall be granted one continuance to reschedule the initial hearing date.
(b) The request for a continuance of the initial hearing date shall be made in writing and shall be served on the City Clerk at least ten court days before the hearing in a manner described in Division 3. A failure to timely request a continuance of the initial hearing date is a waiver of the requesters one guaranteed continuance.
(c) Upon receiving a valid request to continue the initial hearing date, the request shall be granted and the citing agency shall serve the person requesting the hearing in a manner described in Division 3 with the next three hearing dates compatible with the citing agency and the hearing officer. The citing agency shall serve the person requesting the hearing with the next available hearing dates within ten court days of receiving the initial request for continuance.
(d) The person requesting the hearing shall select one of the three hearing dates provided by the citing agency and shall serve their selection in writing on the City Clerk in a manner described in Division 3 within ten court days of being served with the next available hearing dates. A failure to timely comply with requirements will constitute a waiver of the requesters one guaranteed continuance and the original hearing date shall be reinstated, no additional notice will be provided if the original hearing date is reinstated. If the original hearing date is no longer available, one of the three hearing dates provided to the requester will be chosen by the citing agency and notice of the new hearing date shall be provided to the person requesting the hearing in accordance with Division 3.
(e) Notwithstanding a timely request to continue the initial hearing date, any other requests to continue a hearing date may only be ruled upon by the hearing officer at the next scheduled hearing. If the person requesting the hearing is not able to attend the next hearing, a written request for continuance can be made at any time before the hearing by serving the written request on the City Clerk and the hearing officer in a manner described in Division 3. The written request shall include all of the days the requesting party will be available to attend the hearing within the 90 calendar days following hearing date to be continued. If the request for a continuance does not include the days the requesting party is available the request shall be denied.
(f) If the hearing officer grants or denies a request to continue the hearing, the hearing officer will provided the basis for their ruling in writing.
(g) If the hearing officer grants a request to continue the hearing, the hearing officer and the citing agency shall select a new hearing date from the dates provided by the requester. The citing agency shall provide notice of the new hearing date and the hearing officers ruling to the person requesting the hearing in a manner described in Division 3 within ten court days of receiving the written ruling from the hearing officer.
(h) If the hearing officer denies a request to continue the hearing, the hearing will proceed as scheduled even if the requesting party is not present. The hearing officer's ruling on the request to continue will be contained in the written decision after completion of the hearing.
(4) Failure to attend the in-person hearing.
(a) If a party is not present at the hearing on the date and time the hearing is scheduled, and there are no pending requests to continue the hearing date, the hearing will proceed as scheduled without the absent party.
(5) Evidence and case presentation.
(a) The in-person hearing will be informal, and formal rules of evidence and discovery do not apply.
(b) Any disputes regarding witnesses or evidence in the case are to be resolved by the hearing officer.
(c) At any time during the hearing, the hearing officer may continue the hearing to a date agreeable to the parties and request additional information from the parties prior to issuing a written decision or deciding any dispute.
(d) A copy of the document or instrument of the citing agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prim a facie evidence of the facts stated therein.
(e) The contents of the citing agency's file in the case shall be received in evidence and the contents may be relied on by either party during the hearing.
(f) Each party shall have the opportunity to present evidence, call witnesses, in support of that party's case and to cross examine witnesses called by the opposing party. The amount of time each side is given to present their case and the structure of the case presentation is in the sole discretion of the hearing officer.
(6) Hearing officer's decision for in-person hearings.
(a) The hearing officer's decision shall be titled "Administrative Order''.
(b) No later than 30 calendar days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision to uphold or dismiss the contested administrative citation.
(c) The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to this chapter.
(d) The decision shall be served in a manner described in Division 3 of this chapter. The failure to receive a decision properly served in accordance with a method described in Division 3 shall not invalidate the administrative hearing officer's decision.
(e) If the hearing officer upholds an administrative citation, the administrative fines shall be due in the time set forth in the written decision but no later than 90 calendar days from the date of the decision.
(f) If the hearing officer dismisses the administrative citation, the city shall retain the authority to issue additional administrative citations for additional violations, or to take any other enforcement action authorized by law.
(g) Rulings related to a responsible party's compliance with the requirements of a compliance order.
(i) The hearing officer's written decision shall include a section titled "Compliance Order Findings." Under the "Compliance Order Findings" section the hearing officer shall make findings regarding the existence of the violation(s) specified in the compliance order, and regarding whether the responsible person took the required corrective action within the time period set forth in the compliance order. If the hearing officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. In addition, the administrative order shall impose administrative fines and costs as provided for in this chapter. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. If the hearing officer determines that the violation(s) set forth in the compliance order did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be dismissed.
(I) Hearing by written declaration procedure;
(1) Evidence and case presentation.
(a) A copy of the document or instrument of the citing agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein.
(b) The contents of the citing agency's file in the case shall be received in evidence.
(c) The person requesting the hearing shall serve the City Clerk and the hearing officer with any materials they would like the hearing officer to consider within 15 court days of receiving the agency file in a manner described in Division 3. The hearing officer shall not consider any materials that fail to comply with these requirements.
(2) Hearing officer's decision for in-person hearings.
(a) The hearing officer's decision shall be titled "Administrative Order."
(b) The hearing officer shall review the requester's written declaration, the agency file, and any materials provided by the requester submitted in compliance with th is chapter.
(c) Within 60 court days of receiving the agency file, the hearing officer shall issue a written decision.
(d) The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to this chapter.
(e) The decision shall be served in a manner described in Division 3 of this chapter. The failure to receive a decision properly served in accordance with a method described in Division 3 shall not invalidate the administrative hearing officer's decision.
(f) If the hearing officer upholds an administrative citation, the administrative fines shall be due in the time set forth in the written decision but no later than 60 calendar days from the date of the decision.
(g) If the hearing officer dismisses the administrative citation, the city shall retain the authority to issue additional administrative citations for additional violations, or to take any other enforcement action authorized by law.
(h) With regard to rulings related to a responsible party's compliance with the requirements of a compliance order. The hearing officer's written decision shall include a section titled "Compliance Order Findings." Under the "Compliance Order Findings" section the hearing officer shall make findings regarding the existence of the violation(s) specified in the compliance order, and regarding whether the responsible person took the required corrective action within the time period set forth in the compliance order. If the hearing officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. In addition, the administrative order shall impose administrative fines and costs as provided for in this chapter. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. If the hearing officer determines that the violation(s) set forth in the compliance order did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be dismissed.
(Ord. 1809, passed 2-21-24)