(A) The Hearing Officer shall conduct an orderly proceeding and accept evidence on which persons commonly would rely in the conduct of their business affairs. The technical rules of evidence shall not apply, except that irrelevant and unduly repetitious evidence shall be excluded. All evidence shall be received only on oath or affirmation. The hearing shall be informally conducted.
(B) During the hearing, the Enforcement Officer shall present information or testimony relating to the violation and the appropriate means of correcting the violation or violations. The owner, agent, party responsible for the violation, or any other interested person may present testimony or evidence concerning the violation and the means and time frame for correction.
(C) Witnesses. Each party shall have the right to: (1) call and examine witnesses on any matter relevant to the issues being determined at the hearing; (2) introduce documentary and physical evidence; (3) cross-examine opposing witnesses on any matter relevant to the issues to be determined at the hearing; (4) impeach any witness regardless of which party first called the witness to testify; (5) rebut the evidence; (6) be represented by anyone who is lawfully permitted to do so. The Hearing Officer shall direct the order of the proceedings.
(D) Official notice. The Hearing Officer may take official notice, either during the hearing, or after submission of the matter for decision, of any fact which may be judicially noticed by the state courts, or of official records, regulations, rules and decisions of state and local agencies, boards and departments, and of city and county ordinances. In addition, the Hearing Officer may take official notice of matters in its own files and of prior proceedings under this chapter involving the same issues. If applicable, the Hearing Officer may also take official notice of any generally accepted technical or scientific matter within the Hearing Officer's expertise. The parties present at the hearing shall be informed of the matters to be noticed, and those matters should be noted in the record, referred to herein, or appended thereto. Any such party shall be given a reasonable opportunity on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority.
(E) Recording. The hearing shall be tape recorded. The parties, at their sole expense, may have the hearing recorded by a certified shorthand reporter or court reporter.
(F) Determination. At the conclusion of the hearing, the Hearing Officer may sustain the citation, not sustain the citation, take the matter under submission, and may reduce, waive or conditionally reduce the fine as determined. The Hearing Officer may also impose conditions and deadlines by which to correct the violation or pay any outstanding fine. If the Hearing Officer takes the matter under submission, he or she shall render a decision within 10 calendar days of the completion of the hearing. In all appeals, a written determination shall then be provided to the person appealing in a form to be approved by the City Administrator. Said determination shall be served on the person appealing the citation and responsible party if different from the person appealing the citation, in the same manner as notice of the hearing was served on the responsible party, and is effective upon the date of service.
(G) Final decision. The decision of the Hearing Officer regarding any appeal is the final administrative order and decision. There are no appeals to the City Council. Judicial review may be had only in accordance with the provisions of Cal. Gov't Code § 53069.4.
(H) Payment of fine. The time to pay a fine following an administrative hearing is 20 calendar days after service of the Hearing Officer's determination unless the Hearing Officer provides for a longer time.
(Ord. 744 C.S., passed 1-15-03)