(A) Administrative penalties issued under this chapter may be appealed as follows:
(1) Request for appeal hearing. Any person, corporation, entity, or responsible party against whom administrative penalties have been assessed under this chapter may appeal the violation and the issued administrative citation penalty, administrative penalty, or administrative fines by filing a written notice of appeal with the City Clerk within 30 days of the date stated on the citation or notice of violation, which shall be accompanied by a non-refundable filing fee, as established by resolution adopted by the City Council. The appeal fee is intended to cover the costs, expenses, and city employees' time incurred by the city in processing, preparing for, and hearing the appeal.
(2) Deposit. Any person, corporation, entity, or responsible party requesting a hearing under this section must pay a deposit to the city equal to 50% of the full amount of the penalty indicated on the notice of violation upon submitting the hearing request with the city. Failure to deposit 50% of the amount of all fines appealed within the 30 day filing period shall result in the request for an appeal hearing being incomplete and untimely, and therefore will not be accepted.
(3) Failure to timely file an appeal hearing request form with the City Clerk, along with the filing fee and deposit, shall constitute a waiver of the right to any appeal hearing, and the penalties stated on the administrative citation or notice of violation shall be deemed confirmed and final.
(4) Hardship waiver. If within the 30-day filing period, the appealing party establishes to the satisfaction of the Director of Finance or designee, by means of tax returns, pay stubs or other similar documentary evidence, and submits a declaration under penalty of perjury that paying the deposit amount would cause undue financial hardship to the appealing party, the Director of Finance or designee may grant a waiver or reduction of the deposit amount required. The Director of Finance's determination is not appealable and shall be final as to the hardship waiver request.
(B) Procedures for appeal hearings for administrative penalties under Chapter 120.
(1) Hearing officer. For any appeal of administrative penalties assessed or otherwise imposed under this chapter, the appeal shall be heard by a neutral hearing officer.
(a) The City Manager is authorized to develop policies and procedures relating to the qualification, disqualification and appointment of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative appeal hearings. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, a conflict of interest or for any other reason for which a judge may be disqualified in a court of law.
(b) The City Council or City Manager shall appoint independent hearing officers for administrative appeal hearings or contract with an organization that provides independent hearing officers.
(2) Notice. The person, business, entity, or responsible party requesting the appeal hearing under this section shall be notified by the City Clerk of the time and place set for the hearing at least ten business days prior to the date of the hearing.
(3) Conduct of appeal hearing.
(a) Testimony at the hearing. At the time set for the appeal hearing, the hearing officer shall proceed to hear testimony from the representative of the city, the appellant, and any other competent persons with respect to the determination of a violation and nuisance or the imposition of an administrative penalty.
(b) Record of oral evidence at hearing. The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party's own expense.
(c) Continuances. The hearing officer may, upon request by the person, corporation, or entity against whom a penalty is to be imposed, or upon request of the city, grant continuances from time to time for extreme or unusual cause shown, or upon the hearing officer's own motion.
(d) Oaths; certification. The hearing officer or certified shorthand reporter shall administer the oath or affirmation.
(e) Evidence rules. Cal. Gov't Code § 11513(a), (b), and (c) shall apply to all administrative hearings. At the hearing officer's sole discretion, other relevant evidence may be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.
(f) Burden of proof. The accuracy of the notice and order containing the description of the violations or public nuisance and the actions required to abate such violation or nuisance is deemed a rebuttable presumption and the burden is on the appellant to provide such facts and information to overcome such presumption by a preponderance of the evidence.
(4) Rights of parties.
(a) Each party shall have the following rights among others: to call and examine witnesses on any matter relevant to the issues of the hearing; to introduce documentary and physical evidence; to cross-examine opposing witnesses on any matter relevant to the issues of the hearing; to impeach any witness regardless of which party first called that witness to testify; to rebut the evidence against him or her; and to represent himself or herself or to be represented by anyone of his or her choice.
(b) If a party does not proficiently speak or understand the English language, that party may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have been a resident of the premises or have had any personal relationship with or involvement in the parties or issues of the case prior to the hearing.
(5) Official notice. In reaching a decision, the hearing officer may take official notice, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or which may appear in any of the official records of the city or Stanislaus County or any of their departments.
(6) Hearing officer's decision. Within 30 days of the hearing, the hearing officer shall serve a written order stating the decision made and the reasons for the decision. The order shall become final on the date of service of the order, and a copy shall be served on the appellant by first class mail to the address provided by appellant in the written notice of appeal, and on the City Clerk by first class mail.
(7) Right to judicial review.
(a) The failure of the person, corporation, entity, or responsible party contesting the administrative penalty under this section to appear at the appeal hearing shall result in a forfeiture of the right to appeal the administrative penalty and shall constitute a failure to exhaust administrative remedies.
(b) Subject to the above provisions of division (B)(7)(a) above, any person aggrieved by an administrative decision of a hearing officer on an administrative penalty may obtain review of the administrative decision by filing an appeal in a court of competent jurisdiction within 20 days after service of the decision in accordance with the provisions of Cal. Gov't Code § 53069.4(b).
(Ord. 2024-003, passed 8-27-24)