A. How to file a Proper and Timely Request for Hearing. Any recipient of an administrative citation may contest the citation by completing a Request for Hearing form and returning it to the City Clerk within fifteen (15) days from the date the citation is served or deemed to have been served. A failure to file a timely Request for Hearing shall be deemed a waiver of the right to a hearing on the citation and a failure to exhaust administrative remedies. Proper filing of a Request for Hearing must also include payment to the City Clerk of the appeal fee as established or amended from time to time by resolution of the Mayor and City Council.
B. Selection of Hearing Officer. The City Manager shall select a qualified person to serve as Administrative Haring Officer to preside over hearings under this Chapter. Hearing Officers must be selected in a manner that avoids the potential for pecuniary or other bias. For purposes of this section, "Qualified person" includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue, or that is otherwise deemed qualified by the City Manager.
C. Hearing Procedure:
1. No hearing to contest an administrative citation before the Administrative Hearing Officer shall be held unless and until a Request for Hearing form has been completed and submitted to the City Clerk's office.
2. After receipt of the Request for Hearing form, a hearing before the Administrative Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this Chapter, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the Administrative Hearing Officer - The appellant shall be notified of the time and place set for the hearing at least ten (10) calendar days prior to the date of hearing.
3. At the hearing, the Administrative Hearing Officer must hear and consider the testimony of the appellant, respondent, and their witnesses, as well as any documentary evidence presented by these persons. The Adminstrative Hearing Officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable State and federal law governing such hearings.
4. The Responsible Party may bring an interpreter to the hearing at his or her sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording.
5. The appellant shall be given the opportunity to testify and present evidence concerning the administrative citation. Each party shall have the opportunity to cross-examine witnesses and present relevant evidence in support of that party's case.
6. Administrative Hearings are intended to be informal in nature. The formal rules of evidence shall not apply. Other than copies of citations, notices, orders, and inspection reports served on the Responsible Parties as part of the enforcement action giving rise to the hearing, no pre-hearing discovery is required.
D. The City bears the burden of proof at an Administrative Hearing to establish the existence of a violation of the Municipal Code and the Responsible Party's responsibility for such violation. The administrative citation and any additional documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents. The standard of proof to be used by the Administrative Hearing Officer in deciding the issues at an Administrative Hearing is by a preponderance of the evidence.
E. The Administrative Hearing Officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.
F. Any person who has filed a "Request for Hearing" form and has been notified of the time and date for a hearing pursuant to this Chapter who does not appear at said hearing shall be deemed to have waived the right to be present at the hearing and the hearing shall proceed in his/her absence.
G. Administrative Hearing Officer's Decision. After considering all of the testimony and evidence submitted at the hearing, the Administrative Hearing Officer must issue a written decision within 30 business days of the hearing. Failure of the Administrative Hearing Officer to render a decision within this time period does not invalidate any action of the Administraive Hearing Officer. The decision shall include the reasons for the decision, any conditions pertaining to the correction of the violation(s) and any time limits set for said corrections.
1. The Administrative Hearing Officer's Decision must contain the following statement: "The decision of the hearing officer is final and binding. Judicial review of this decision is dsubject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq."
2. The Administrative Hearing Order must be served on all parties by mail. The effective date of the decision shall be the mailing date of the written decision to the applicant.
3. If the hearing officer determines the administrative citation should be upheld, then any fine amount on deposit with the City shall be retained by the City. If the hearing officer determines the administrative citation should be canceled and the fine was deposited with the City, then the City shall refund the amount of the deposited fine.
(Ord. MC-1553, 2-17-21)