CHAPTER 1:  GENERAL
ARTICLE I.  GENERAL PROVISIONS
   1-1.   City code designations and citations
   1-2.   References to State law
   1-3.   Definitions and rules of construction
   1-4.   Rules of interpretation
   1-5.   Tie vote
   1-6.   Provisions considered as continuations of existing ordinances
   1-7.   Severability
   1-8.   Headings of chapters
   1-9.   Effect of repeal of ordinances
   1-10.   Violation of the code
   1-11.   Unlawful acts
   1-12.   City seal
   1-13.   Official flower
ARTICLE II.  UTILITY BILLING HEARINGS; CRIMINAL VIOLATIONS OF CODE
   1-20.   Policy and purpose
   1-21.   Review procedure prior to termination of utility services for nonpayment of bills
   1-22.   Good cause for termination
   1-23.   Notice of delinquency; request for administrative hearing; appeal of hearing officer decision
   1-24.   Appointment of hearing officer; nature of administrative hearing
   1-25.   Appointment of appeal officer; appeal of decision of hearing officer; nature of appeal hearing
   1-26.   Jail labor authorized; services of misdemeanant probationers
   1-27.   Notices
   1-28.   Proof of notice
   1-29.   Summons for violation of code provisions
   1-30.   Time to appear
   1-31.   Place to appear
   1-32.   Violator to sign consent
   1-33.   Posting of bail
   1-34.   Warrant not to be issued until failure of defendant to appear
   1-35.   Penalty for wilful failure to appear
   1-36.   Warrant for arrest
   1-37.   Applicability of summons procedure
   1-38.   Arresting officer
ARTICLE III.  JUDICIAL REVIEW
   1-45.   Judicial review
   1-46.   Actions to determine validity
   1-47.   Powers of hearing officers; subpoenas
ARTICLE IV.  MUNICIPAL ELECTIONS
   1-50.   Municipal election day
   1-51.   Commencement
ARTICLE V.  ADMINISTRATIVE HEARINGS
   1-55.   Administrative hearings
   1-56.   Rules and regulations
   1-57.   Hearing officer
   1-58.   Appeal procedure
   1-59.   Conduct of hearing
   1-60.   Hearing officer authority
   1-61.   Decision
ARTICLE I.  GENERAL PROVISIONS
SEC. 1-1.  CITY CODE DESIGNATIONS AND CITATIONS.
   The ordinances included in this and the following chapters, articles, divisions,  and sections shall constitute and be designated as “The Code of the City of Oxnard, California,” and may be so cited.  These ordinances may also be cited as the “City Code.”
(`64 Code, Sec. 1-1)
SEC. 1-2.  REFERENCES TO STATE LAW.
   Unless otherwise expressly provided, all references to State law in this code are to the California Codes.
(`64 Code, Sec. 1-2)
SEC. 1-3.  DEFINITIONS AND RULES OF CONSTRUCTION.
   In this and all ordinances of the city, the following definitions and rules shall be observed, unless such would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:
      (A)   CITY - The City of Oxnard including the area within the territorial city limits of the city and such territory outside of the city over which the city council has jurisdiction or control by virtue of any provision of law.
      (B)   CITY COUNCIL - The city council of the City of Oxnard.
      (C)   CITY MANAGER - The city manager of the city or designee.
      (D)   CODE - CITY CODE refers to the 2002 Code of the city and its subsequent amendments. Otherwise, CODE refers to California Codes (for example, Vehicle Code).
      (E)   COMPUTATION OF TIME - The time in which any act provided by law is to be accomplished is computed by excluding the first day and including the last, unless the day is a holiday and then that day is also excluded.
      (F)   COUNTY - The County of Ventura.
      (G)   DAY - A calendar day, unless specified otherwise.
      (H)   DAYTIME - The period of time between sunrise and sunset.
      (I)   GENDER - The masculine gender includes the feminine and neuter.
      (J)   MAY - A permissive term.
      (K)   MONTH - A calendar month.
      (L)   NIGHTTIME - The period of time between sunset and sunrise.
      (M)   NUMBER - The singular number includes the plural, and the plural the singular.
      (N)   OFFICIAL TIME - Either Pacific Standard Time or Pacific Daylight Saving Time, as may be in current use in the city.
      (O)   PERSON - Any individual, firm, association, organization, partnership, business trust, corporation or company.
      (P)   PERSONAL PROPERTY - Includes every species of property, except real property, as defined in this section.
      (Q)   PROCESS - Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
      (R)   PROPERTY - Includes real and personal property.
      (S)   REAL PROPERTY - Includes lands, tenements and hereditaments.
      (T)   SHALL - A mandatory term.
      (U)   STAFF - The employees of the city.
      (V)   STATE - The State of California.
      (W)   TENANT - Any person holding a written or an oral lease of, or a person occupying the whole or a part of a building or land, either alone or with others.
      (X)   TENSES - The present tense includes the past and future tenses, and the future includes the present.
      (Y)   UNDEFINED WORDS - Words and phrases not defined in this code are construed according to the approved usage of the English language.
      (Z)   WEEK - Seven consecutive days, from Sunday to Saturday.
      (AA)   YEAR - A calendar year.
(`64 Code, Sec. 1-3)
SEC. 1-4.  RULES OF INTERPRETATION.
   Unless otherwise provided herein, the provisions of the Civil Code, Sections 13 and 1645, are hereby adopted in the interpretation of words and phrases used in this code.
(`64 Code, Sec. 1-4)
SEC. 1-5.  TIE VOTE.
   Where affirmative approval is required by the city council to grant a license, permit, application or privilege of any kind, a tie vote on the matter shall be deemed a denial.
(`64 Code, Sec. 1-4.1)  (Ord. No. 1197)
SEC. 1-6.  PROVISIONS CONSIDERED AS CONTINUATIONS OF EXISTING ORDINANCES.
   The provisions appearing in this code, so far as they are the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.
(`64 Code, Sec. 1-5)
SEC. 1-7.  SEVERABILITY.
   The city council declares its intention that the sections, paragraphs, sentences, clauses or phrases of this code are severable, and if any section, paragraph, sentence, clause or phrase of this code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this code.
(`64 Code, Sec. 1-6)
SEC. 1-8.  HEADINGS OF CHAPTERS.
   Chapter, article, division and section headings contained in this code shall not govern, limit, modify or affect the scope, meaning or intent of the provisions of particular chapters, articles, divisions or sections.
(`64 Code, Sec. 1-8)
SEC. 1-9.  EFFECT OF REPEAL OF ORDINANCES.
   (A)   The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinances repealed became effective.
   (B)   The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal became effective, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
(`64 Code, Sec. 1-9)
SEC. 1-10.  VIOLATION OF THE CODE.
   (A)   The violation of any provision of the code or other ordinance shall be punishable by a fine of $1,000 or imprisonment of six months, or both, as a general misdemeanor.
   (B)   Any violation of any provision of the code or other ordinance may, in the discretion of the city attorney, be prosecuted as:
      (1)   An infraction;
      (2)   A civil citation; or
      (3)   A civil injunction.
   (C)   Every violation that the city attorney prosecutes as an infraction shall be punishable as follows:
      (1)   A fine not exceeding $100 for a first violation of a code section or ordinance;
      (2)   A fine not exceeding $200 for a second violation of the same code section or ordinance within one year; and
      (3)   A fine not exceeding $500 for the third and every additional violation of the same code section or ordinance within one year.
   (D)   Each day that a violation of the code or other ordinance continues shall constitute a new and separate offense and may be prosecuted as such.
   (E)   No person shall cause, use, occupy or maintain any violation of any code section or any ordinance or to cause the same to be done.
   (F)   The city council finds and determines that any continuing violation of any code section or ordinance shall be deemed a public nuisance and may be summarily abated as such by the city manager.
(`64 Code, Sec. 1-10)  (Ord. No. 1393, 1568, 1616, 2056, 2394, 2489)
SEC. 1-11.  UNLAWFUL ACTS.
   Whenever this code makes any act or omission unlawful that includes causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(`64 Code, Sec. 1-11)
SEC. 1-12.  CITY SEAL.
   The official seal of the city shall have inscribed thereon the following words, to-wit: “City of Oxnard, State of California, incorporated June 30, 1903,” and the same is hereby adopted as the common seal of the city.
(`64 Code, Sec. 1-26)
SEC. 1-13.  OFFICIAL FLOWER.
   The official flower of the city shall be the geranium.
(`64 Code, Sec. 1-27)  (Ord. No. 492)
ARTICLE II.  UTILITY BILLING HEARINGS; CRIMINAL VIOLATIONS OF CODE
SEC. 1-20.  POLICY AND PURPOSE.
   The city council hereby declares that in order to ensure that the citizens of the city are given an administrative review opportunity, the following hearing procedures, sections 1-21 through 1-25, are adopted which shall be complied with prior to termination of utility services by the city for nonpayment of bills by customers.
(`64 Code, Sec. 1-12)  (Ord. No. 2302)
SEC. 1-21.  REVIEW PROCEDURE PRIOR TO TERMINATION OF UTILITY SERVICES FOR NONPAYMENT OF BILLS.
   Prior to termination of a utility service for nonpayment of bills, the city shall afford the customer an opportunity to be heard on the issue of whether the city has good cause to terminate such service.  The review procedures set forth in section 1-22 through section 1-25 are exclusively for the termination of utility services due to nonpayment of bills.
(`64 Code, Sec. 1-12.1)  (Ord. No. 2302)
SEC. 1-22.  GOOD CAUSE FOR TERMINATION.
   The city may terminate a utility service for good cause.  For the purposes of section 1-23 through section 1-25, “good cause” shall mean a customer's failure to fully and timely pay a delinquent utility service bill without a compelling justification for nonpayment.
(`64 Code, Sec. 1-12.2)  (Ord. No. 2302)
SEC. 1-23.  NOTICE OF DELINQUENCY; REQUEST FOR ADMINISTRATIVE HEARING; APPEAL OF HEARING OFFICER DECISION.
   (A)   If a customer has not paid the customer's account within 15 days after the city has sent a bill for utility service to such customer, then that account shall be deemed delinquent.  Prior to termination of any utility service for nonpayment of a delinquent account, the city shall send the customer a notice of delinquency.
   (B)   The notice of delinquency shall contain the following:
      (1)   The amount required to fully pay the account;
      (2)   A statement that the particular utility service will be terminated on a date specified in the notice of delinquency unless the customer fully pays the account prior to that date;
      (3)   A statement that the customer is entitled to an administrative hearing to determine if the city has good cause to terminate the utility service upon filing of a written request for such administrative hearing with the city clerk on or before the date specified in the notice of delinquency, which date shall be seven days after the date of the mailing of the notice of delinquency;
      (4)   A statement that if the customer requests an administrative hearing, the date for conducting the administrative hearing will be at least five days prior to the date specified for termination of the utility service and that the city will provide written notice of the date, time, and place of the administrative hearing to the customer; and
      (5)   A statement that the customer may appeal the decision of the hearing officer to an appeal officer by filing a written appeal, specifying the grounds for the appeal, with the city clerk within 48 hours of the city's delivery of the hearing officer's decision to the customer.
(`64 Code, Sec. 1-12.3)  (Ord. No. 2302)
SEC. 1-24.  APPOINTMENT OF HEARING OFFICER; NATURE OF ADMINISTRATIVE HEARING.
   (A)   The city manager shall, as appropriate, appoint a person to be the hearing officer for the administrative hearings provided for herein.  If a customer requests an administrative hearing, the hearing officer shall conduct such hearing.  The hearing officer shall hold the administrative hearing on the date and at the time and place specified in the notice of delinquency.
   (B)   At this administrative hearing, the city's representative shall first present good cause to justify termination of the utility service.  Thereafter, the customer or the customer's representative may present evidence in opposition to the termination.  The hearing officer shall conduct the administrative hearing in an informal fashion and shall not be bound by the technical rules of evidence.
   (C)   After the administrative hearing, the hearing officer shall prepare a written decision determining whether the city has established good cause for termination of the utility service.  If the hearing officer decides in favor of the customer, such decision shall be filed with the city clerk and the city shall not terminate the utility service unless a new notice of delinquency is prepared and served by the city.  The decision of the hearing officer shall be binding upon the customer and the city unless appealed pursuant to section 1-25.
(`64 Code, Sec. 1-12.4)  (Ord. No. 2302)
SEC. 1-25.  APPOINTMENT OF APPEAL OFFICER; APPEAL OF DECISION OF HEARING OFFICER; NATURE OF APPEAL HEARING.
   (A)   The city manager shall, as appropriate, appoint a person to be the appeal officer for appeals from decisions made by the hearing officer as provided herein.
   (B)   The customer may appeal the decision of the hearing officer by filing a written appeal, specifying the grounds for such appeal, with the city clerk within 48 hours of the city's delivery of the hearing officer's decision to the customer.  Upon receipt of the appeal, the appeal officer shall give written notice to the customer of the date, time, and place of the appeal hearing.
   (C)   At the appeal hearing, the city's representative shall first present good cause to justify termination of the utility service.  Thereafter, the customer or the customer's representative may present evidence in opposition to the termination.  The appeal officer shall conduct the appeal hearing in an informal fashion and shall not be bound by the technical rules of evidence.  After the appeal hearing, the appeal officer shall prepare a written decision determining whether the city has established good cause for termination of the utility service.  The decision of the appeal officer shall be final and shall constitute an exhaustion of administrative remedies. 
   (D)   If the appeal officer decides that the city has established good cause, the city shall not terminate the utility service sooner than 48 hours after delivery of the decision to the customer.
   (E)   If the appeal officer decides in favor of the customer, such decision shall be filed with the city clerk and the city shall not terminate the utility service unless a new notice of delinquency is prepared and served by the city.
(`64 Code, Sec. 1-12.5)  (Ord. No. 2302)
SEC. 1-26.  JAIL LABOR AUTHORIZED; SERVICES OF MISDEMEANANT PROBATIONERS.
   (A)   Any person under city jurisdiction confined in jail may be required by the police chief to labor on the streets, public safety buildings and grounds, vehicles and other property or public works of the city situated within the county.  The police chief may establish a "trustee system" to regulate the conduct of working prisoners and may promulgate reasonable rules and regulations for the purpose.
   (B)   To assist in the sentencing and rehabilitation of petty offenders, the city may accept the services performed by misdemeanant summary probationers who are assigned by the coordinator of the county's probation-work program to work upon city property within the county. 
   (C)   The term “services,” as used in this subsection, includes clerical services, menial labor and unskilled labor performed voluntarily and without right of discipline reserved to the city.  The services performed by summary probationers and accepted by the city shall be:
      (1)   Without compensation in any form from the city;
      (2)   Casual, and shall not impinge substantially upon regular duties performed by city employees;
      (3)   Undertaken concurrently or within the usual working shifts assigned to city employees; or
      (4)   Rendered at tasks requiring, if at all, simple tools operated solely by human energy.
   (D)   No prisoner or probationer used or assigned to labor or perform services in accordance with this section shall be considered an employee of, or to be employed by, the city or any city department; nor shall any such prisoner or probationer be covered by any of the provisions of the workers' compensation law of the State or be entitled to any benefits thereunder whether on behalf of himself/herself or that of any other person.
(`64 Code, Sec. 1-13)  (Ord. No. 1381)
SEC. 1-27.  NOTICES.
   (A)   Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made herein, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed.
   (B)   Service by mail shall be deemed to have been completed at the time of deposit in the United States mail.
(`64 Code, Sec. 1-14)
SEC. 1-28.  PROOF OF NOTICE.
   Proof of giving any notice may be made by the certificate of any officer or employee of the city or by affidavit of any person over the age of 18 years, which demonstrates service in conformity with this code or other provisions of law applicable to the subject matter.
(`64 Code, Sec. 1-15)
SEC. 1-29.  SUMMONS FOR VIOLATION OF CODE PROVISIONS.
   If any person is arrested for the violation of any ordinance of the city and such person is not immediately taken before a magistrate as prescribed in the Cal. Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court, upon such form as the city attorney shall approve, containing the name and address of such person, the offense charged including the section of the city ordinance charged to have been violated, and the time and place where and when such person shall appear in court.
(`64 Code, Sec. 1-16)  (Ord. No. 587)
SEC. 1-30.  TIME TO APPEAR.
   The time specified in the notice to appear referred to in section 1-29 must be at least five days after the arrest.
(`64 Code, Sec. 1-17)  (Ord. No. 587)
SEC. 1-31.  PLACE TO APPEAR.
   The place specified in the notice to appear mentioned in section 1-29 shall be before a judge of the Ventura County Superior Court.
(`64 Code, Sec. 1-18)  (Ord. No. 587, 2063)
SEC. 1-32.  VIOLATOR TO SIGN CONSENT.
   The officer shall deliver one copy of the notice to appear referred to in section 1-29 to the arrested person, and the arrested person in order to secure release must give his/her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer.  Thereupon the arresting officer shall forthwith release the person arrested from custody.
(`64 Code, Sec. 1-19)  (Ord. No. 587)
SEC. 1-33.  POSTING OF BAIL.
   (A)   Pursuant to sections 1-27 to 1-30, the officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein.  Thereupon the magistrate shall fix the amount of bail, which in accordance with the provisions of Cal. Penal Code, Section 1275, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Cal. Penal Code, Section 815a. 
   (B)   The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by legal counsel, the magistrate may declare the bail forfeited, and may order that no further proceedings shall be had in such case.
   (C)   Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Cal. Penal Code, Section 1463.
(`64 Code, Sec. 1-20)  (Ord. No. 587)
SEC. 1-34.  WARRANT NOT TO BE ISSUED UNTIL FAILURE OF DEFENDANT TO APPEAR.
   No warrant shall be issued on any charge for the arrest of a person who has given written promise to appear in court, unless and until such person has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.
(`64 Code, Sec. 1-21)  (Ord. No. 587)
SEC. 1-35.  PENALTY FOR WILFUL FAILURE TO APPEAR.
   Any person wilfully violating a written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.
(`64 Code, Sec. 1-22)  (Ord. No. 587)
SEC. 1-36.  WARRANT FOR ARREST.
   When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Cal. Penal Code, Section 853.1, the magistrate shall issue and have delivered for execution a warrant for the person's  arrest within 20 days after the failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which the person  promises to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.
(`64 Code, Sec. 1-23)  (Ord. No. 587)
SEC. 1-37.  APPLICABILITY OF SUMMONS PROCEDURE.
   The foregoing provisions shall apply to any provision of this code, the violation of which is punishable as a misdemeanor as provided in section 1-10 of this code.
(`64 Code, Sec. 1-24)  (Ord. No. 587)
SEC. 1-38.  ARRESTING OFFICER.
   For the purposes of the preceding sections, the terms “arresting officer” and “officer” mean any police officer of the city and any other employee of the city whose duty is to enforce the provisions of this code and who is authorized by the city manager to use the citation procedure established in the performance of enforcement duties.
(`64 Code, Sec. 1-25)  (Ord. No. 487)
ARTICLE III.  JUDICIAL REVIEW
SEC. 1-45.  JUDICIAL REVIEW.
   Judicial review of any decision of the city or of any board, commission, officer or agent thereof shall be subject to the provisions of Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(`64 Code, Sec. 1-28)  (Ord. No. 1666)
SEC. 1-46.  ACTIONS TO DETERMINE VALIDITY.
   An action may be brought pursuant to the Cal. Code of Civil Procedure to determine the validity of any legislative act of the city council through ordinance or resolution, involving bonds, contracts, indebtedness, regulations, taxes, appointments, and all other matters relating to the operation of the city and the welfare of its residents.
(`64 Code, Sec. 1-29)  (Ord. No. 1968)
SEC. 1-47.  POWERS OF HEARING OFFICERS; SUBPOENAS.
   (A)   All hearing officers appointed by the city manager are authorized to:
      (1)   Hear complaints;
      (2)   Administer oaths;
      (3)   Issue subpoenas for the attendance of witnesses;
      (4)   Issue subpoenas for the production of papers, books, accounts, and documents (collectively “documents”);
      (5)   Inspect documents; and
      (6)   Certify all official acts.
   (B)   Subpoenas issued by the hearing officer extend to all parts of the State and may be served by any person authorized to serve process in courts of record or by any person designated for that purpose by the hearing officer.
   (C)   A person is not obliged to attend a hearing as a witness at a place out of the county in which the person resides unless the distance is less than 50 miles from the place of residence of such person.
   (D)   If any person refuses to attend or testify or produce any documents as required by a subpoena issued by a hearing officer, the hearing officer may petition the superior court for an order compelling the person to obey the subpoena.  The petition of the hearing officer shall allege that:
      (1)   The subpoena gave the person due notice of the time and place of attendance at the hearing or the production of the documents;
      (2)   The person was subpoenaed in the manner prescribed herein; and
      (3)    The person failed to attend or produce the documents required by the subpoena or refused to answer questions propounded to the person in the course of the hearing.
   (E)   The superior court has jurisdiction to compel the attendance of a person, the giving of testimony, and the production of documents required by any subpoena issued by a hearing officer.
   (F)   Upon the filing of the petition, the superior court shall enter an order directing the person to appear before the court at a specified time and place and then and there show cause why the person has not attended or testified or produced the documents as required.  A copy of the order shall be served upon such person.  If the court determines that the subpoena was regularly issued by the hearing officer, the court shall enter an order that the person appear before the hearing officer named in the subpoena, or such alternate hearing officer as the city manager may have subsequently appointed, at the time and place fixed in the order and testify or produce the required documents.  Upon failure to obey the order, the person shall be dealt with as for contempt of court.
   (G)   Any party to a hearing held by any hearing officer has the right to the attendance of witnesses in such party's behalf at the hearing upon making request therefor to the hearing officer, designating the person sought to be subpoenaed, and upon depositing with the hearing officer a certified check payable to the person to be subpoenaed for fees and mileage calculated in the same amount established by law for a witness in a civil case in the State.
(Ord. No. 2588)
ARTICLE IV.  MUNICIPAL ELECTIONS
SEC. 1-50.  MUNICIPAL ELECTION DAY.
   Pursuant to Cal. Elections Code, Section 1301(b)(1), the general municipal election for all elected city officers shall be held on the same day as the general Statewide election.
(`64 Code, Sec. 1-40)  (Ord. No. 1904)
SEC. 1-51.  COMMENCEMENT.
   Code section 1-50 shall apply in each even-numbered year unless repealed by the city council.
(`64 Code, Sec. 1-41)  (Ord. No. 1904)
ARTICLE V.  ADMINISTRATIVE HEARINGS
SEC. 1-55.  ADMINISTRATIVE HEARINGS.
   Unless otherwise specifically set forth in this code, the procedures set forth in sections 1-55 through 1-61 of this code shall be followed for the denial, suspension, modification, or revocation of a permit applied for or held pursuant to any provision of this code if the denial, suspension, modification, or revocation of such permit involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code or any rules, regulations, policies, or procedures adopted by the city council or the city manager.
(Ord. No. 2840)
SEC. 1-56.  RULES AND REGULATIONS.
   The city manager may adopt written rules, regulations, policies, and procedures that are consistent with the intent or provisions of this article, as may be necessary or desirable to aid in the administration or enforcement of the provisions of this code.
(Ord. No. 2840)
SEC. 1-57.  HEARING OFFICER.
   The city manager shall appoint persons to serve as administrative hearing officers.
(Ord. No. 2840)
SEC. 1-58.  APPEAL PROCEDURE.
   (A)   City staff shall mail notice of a proposed denial, suspension, modification, or revocation of any permit applied for or held to the applicant or permittee, stating the reasons for the denial, suspension, modification, or revocation of any permit applied for or held. The notice shall inform the applicant or permittee that the permit will be denied, suspended, modified, or revoked and the applicant or permittee will be deemed to concur with such action if the applicant or permittee does not make a written request for a hearing as provided in subsection (B) of this section.
   (B)   The applicant or permittee may make a written request for a hearing. The request must be received by the party who signed the notice within 14 days of the date of the notice and be accompanied by the hearing fee set by resolution of the city council. A copy of the notice shall be attached to the request for hearing, and the request for hearing shall state the reasons that the permit should not be denied, suspended, modified, or revoked.
   (C)   If a timely request for hearing, accompanied by the hearing fee, is received by the party who signed the notice, the hearing shall be conducted as set forth in section 1-59 of this code. If such a request is not so received, the party who signed the notice shall mail to the applicant or permittee a notice that the permit is denied, suspended, modified, or revoked.
   (D)   The party who receives the request for hearing shall send the request to the hearing officer, and the hearing officer shall set the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time, and place of the hearing to the applicant or permittee.
   (E)   Unless otherwise provided by this code, the filing of a request for hearing shall stay all proceedings in furtherance of the notice appealed from until the determination of the appeal as provided herein.
(Ord. No. 2840)
SEC. 1-59.  CONDUCT OF HEARING.
   (A)   At the hearing officer’s discretion or upon good cause shown, the hearing officer may continue the hearing by written notice before the scheduled hearing date or orally at or during the hearing.
   (B)   The hearing shall be open to the public.
   (C)   A representative of the city shall first present evidence to justify the proposed denial, suspension, modification, or revocation of a permit. Thereafter, the applicant or permittee may present evidence. The burden of proof to justify the denial, suspension, modification, or revocation is on the city.
   (D)   The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
   (E)   The hearing officer may continue any hearing to request additional information from city staff, the applicant, or the permittee prior to issuing a written decision. The hearing officer is not required to continue the hearing on the date the administrative hearing is held. A hearing is not concluded until the hearing officer receives any additional information requested pursuant to this subdivision.
   (F)   Unless otherwise provided in this code, if the applicant or permittee fails to appear for the hearing at the time and place noticed, the hearing officer in his or her discretion may conduct the hearing to a conclusion or may dismiss the appeal. If the appeal is dismissed, the notice appealed from shall become final and effective on the date of the hearing. Upon a showing of good cause, the hearing officer may set aside his or her decision or dismissal upon the applicant’s or the permittee’s failure to appear and may reschedule the appeal for hearing.
(Ord. No. 2840)
SEC. 1-60.  HEARING OFFICER AUTHORITY.
   (A)   At the request of the city, applicant, or permittee, the hearing officer shall, on behalf of the city, issue subpoenas for attendance of witnesses at the hearing.
   (B)   At the request of the city, applicant, or permittee, the hearing officer shall, on behalf of the city, issue orders for the production of documents on a date certain. In no event shall the date for the production of documents be less than 15 days after the date the order was issued.
   (C)   The hearing officer may affirm or reverse the notice appealed from.
   (D)   The hearing officer shall not have authority to waive any requirements of this code or any other law, rule, or regulation.
(Ord. No. 2840)
SEC. 1-61.  DECISION.
   (A)   Within 15 days of the conclusion of the hearing, the hearing officer shall issue and mail to the applicant or permittee a written decision containing a statement of the reasons on which the decision is based and which decision shall be final and effective on the date issued. Within the decision, the hearing officer shall include a statement that the time in which judicial review may be sought is governed by Cal. Code of Civil Procedure, Section 1094.6. The hearing officer shall give such decision to appropriate city staff, who shall keep the decision with the notice of proposed denial, suspension, modification, or revocation of any permit applied for or held.
   (B)   The applicant or permittee may seek judicial review of the decision of the hearing officer in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(Ord. No. 2840)