A. The Mayor and City Council shall appoint a Hearing Officer to hear matters pertaining to San Bernardino Municipal Code Chapter 8.90.
B. Each party to a hearing may have assistance in presenting evidence or in setting forth by argument his position, from an attorney or such other person as may be designated by said party.
C. Formal rules of evidence shall not apply in proceedings; however, all oral testimony offered as evidence shall be under oath.
D. In the event that any party shall fail to appear at the time and place set for hearing of a petition, the Hearing Officer may hear and review such evidence as may be presented, and may make such findings and decisions as shall be supported by the evidence presented.
E. The Hearing Officer shall base his/her decision on evidence presented at the hearing and may consider any evidence resulting from independent investigations of the City Manager pursuant to § 8.90.110. 4 of this Chapter, where such evidence has been disclosed to the parties.
F. The Hearing Officer shall make findings based on the evidence as to each fact relevant to the Hearing Officer's decision on the petition. The decision of the Hearing Officer shall be based upon the findings, and shall:
1. Determine whether the action or proposed action of a landlord is valid, permitted, and in conformity with this Chapter; and/or
2. Determine whether an adjustment is necessary, and if so, the nature and amount of relief to be granted or authorized to the landlord or homeowner.
G. The Hearing Officer shall consider the evidence and arguments of the parties no later than thirty (30) days after the matter has been submitted for decision and the Hearing Officer shall make her/his final decision at the conclusion of their deliberations. No rent adjustment will be authorized unless supported by the evidence. A notice of the Hearing Officer's decision shall be sent to each party to a proceeding. Unless good cause to the contrary shall appear, each decision of the Hearing Officer shall apply on a space by space basis, taking into account the possibility of differences in base rent, services provided, and other facts differentiating rental spaces.
H. Nothing in this Chapter, or in any decision of the Hearing Officer, shall require any landlord to raise rents or charges to tenants. If an adjustment in the maximum permissible rent is authorized, a landlord may raise rents or charges by a lesser amount, or for a lesser time than is authorized by the decision of the Hearing Officer.
I. The findings and decisions of the Hearing Officer shall be a final administrative action. There shall be no right of appeal to the Mayor and City Council. Such findings and decisions shall be public records, and may be certified by the City Clerk. Each decision shall set forth a notice as required by California Government Code Section 1094.6. The decision shall become effective upon mailing to the party unless otherwise indicated at the hearing. This section supersedes Chapter 2.64 of the San Bernardino Municipal Code.
(Ord. MC-1481, 4-14-18; Ord. MC-865, 3-24-93)