(A) Request for hearing; failure to appear.
(1) The enforcement officer shall request that an administrative penalties and abatement hearing be set when the responsible party fails to comply with the terms of the compliance order or has failed to keep the property which is the subject of an administrative abatement and penalties order in compliance with said order.
(2) The administrative penalties and abatement hearing shall be conducted by the Administrative Hearings Board or a hearing officer.
(3) The administrative hearing officer has continuing jurisdiction over the subject matter of an administrative appeal hearing for the purposes of granting a continuance, ensuring compliance with a compliance order, modifying a compliance order, or where extraordinary circumstances exist, granting a new hearing.
(4) The administrative penalties and abatement hearing shall provide a full opportunity for the responsible parties subject to a compliance order to object to the order's determination that a violation has occurred; that the violation has continued to exist or has recurred; that the person is responsible for creating, maintaining, or fostering the violation; or that the condition constituting the violation should be abated in accordance with the compliance order.
(5) The failure of any person subject to a compliance order pursuant to this chapter to appear at the administrative penalties and abatement hearing shall constitute an admission of the facts in the compliance order and shall constitute a failure to exhaust administrative remedies.
(B) Hearings conducted by hearing officer.
(1) The hearing officer shall set the date for the administrative penalties and abatement hearing, and for any other hearing required by this chapter. The hearing date shall be not less than 15 calendar days nor more than 60 calendar days from the date of the notice of hearing, unless the hearing officer determines the matter is urgent or good cause exists for an extension of time.
(2) The City Manager or his or her designee shall serve the notice of hearing upon the person whose property is the subject of the hearing. Service shall be made pursuant to § 15.4 of this chapter at least 14 calendar days prior to the date of the hearing. The notice of hearing shall contain the time, date, and place at which the hearing will be conducted.
(3) The hearing shall be conducted in accordance with the following rules:
(a) Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of this state. Fundamental due process shall be observed and shall govern the proceedings.
(b) The alleged violator has the right to represent himself or herself, or to be represented by anyone of his or her choice.
(c) Any party to the hearing shall be given the opportunity to testify, cross-examine witnesses, and present evidence as to the existence of the cited violation or as to whether or not the cited person is the responsible party.
(d) The hearing officer may inquire of any witness testifying at the hearing. The alleged violator or his or her representative, if any, and the officer presenting the city's case before the hearing officer, shall be permitted to inquire of any witness testifying at the hearing. All parties to the hearing shall be permitted to present brief opening and closing statements.
(e) At the request of either party, for good cause shown, the hearing officer may continue any hearing and issue a subpoena in accordance with the provisions of the California Administrative Procedures Act to compel the production of documents or the attendance of third party witnesses, if the compelling of such information is relevant, material and deemed necessary for the hearing officer to reach a decision. However, subpoenas shall not be requested for or issued as a means to compel testimony or the production of documents from the city or any of its employees or officers, or from the responsible party. It is unlawful for any person to refuse to obey a subpoena issued by a hearing officer, if such subpoena has been judicially validated by a court. Failure to obey a subpoena which has been judicially validated constitutes contempt and may be prosecuted as a misdemeanor.
(f) The city bears the burden of proof at an administrative enforcement hearing to establish the existence of a violation of the municipal code.
(g) The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence.
(h) Continuances for good cause may be granted on the motion of any party or upon the hearing officer's own motion. The hearing officer may request additional information from any party prior to issuing a written decision.
(i) All hearings shall be recorded onto audiotape or any other electronic format that ensures an accurate record of the meeting. The proceedings at the hearing may also be reported by a certified shorthand reporter if such reporter is provided by the responsible party at his or her own expense.
(j) All hearings and proceedings shall be open to the public.
(4) After considering all of the testimony and evidence submitted at a hearing, the hearing officer shall prepare a written order that meets the requirements of § 15.7 of this chapter.
(C) Scope of hearing.
(1) The administrative hearing officer, as applicable, shall hear and consider all relevant evidence, including, but not limited to, the testimony of the responsible party, city personnel, neighbors, witnesses, or other interested parties, and may consider staff reports or other written materials, on any of the following issues:
(a) Whether the responsible party caused or maintained a violation of the municipal code as stated in the compliance order.
(b) Whether the person or persons named in the compliance order are responsible parties.
(c) Whether the method of abatement described in the compliance order is appropriate.
(d) Whether the responsible party has complied with a previous order of the hearing officer pursuant to this chapter.
(e) The amount of abatement costs, including the amount of administrative penalties and interest to be assessed as part thereof.
(2) The compliance order and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
(D) Inspection of property. The administrative hearing officer, as applicable, may, with the owner(s) consent, inspect the building or premises involved in the hearing prior to, during, or after the hearing, provided that:
(1) Notice of such inspection shall be given to the parties before the inspection is made;
(2) The parties are given an opportunity to be present during the inspection;
(3) The hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn from the inspection; and
(4) Each party then shall have a right to rebut or explain the matters so stated by the hearing officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
(E) Findings and order.
(1) At the conclusion of a hearing held pursuant to this chapter, the administrative hearing officer shall prepare a written order. The order shall address each issue in dispute and contain findings of fact for each such issue. The findings shall be supported by evidence received at the hearing. Orders shall be issued as follows:
(a) For an administrative penalties and abatement hearing, a written administrative abatement and penalties order as described in § 15.4 of this chapter.
(b) For a hearing conducted to determine compliance with an administrative abatement and penalties order, a determination regarding whether such compliance has been achieved and whether abatement costs shall be confirmed, rejected or modified.
(c) For an abatement hearing, a determination regarding whether the abatement costs submitted by the enforcement officer shall be confirmed, rejected or modified, and/or whether an action to summarily abate was proper.
(2) All orders issued in accordance with this section shall be served on the parties to the hearing within 15 days of the hearing in accordance with § 15.4 of this chapter.
(3) Notwithstanding any contrary provision in this municipal code, decisions of the hearing officer are final decisions of the city which shall not be appealable to the City Council.
(4) Any person aggrieved by any order made pursuant to this section may seek review of the order by filing a petition with the Tehama County Superior Court pursuant to the timelines and provisions of California Government Code § 53069.4 or California Code of Civil Procedure § 1094.5, as may be applicable.
(Ord. 1074, passed 7-18-2023)