Administrative hearings shall follow the procedures set forth below:
(A) An in-person hearing before a hearing officer shall be set for a date that is not less than twenty (20) days and not more than forty five (45) days from the date that a timely and proper appeal is submitted in accordance with the provisions of this section. This time frame may be extended by necessity by the City or the hearing officer or by stipulation of the parties. Failure to hold the hearing within this time frame shall not invalidate the administrative citation, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hearing officer's decision.
(B) If the responsible party requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by the responsible party to the existence of the cited violations, an admission by the responsible party to that party's liability for the cited violations, a waiver of the responsible party's right to contest the administrative citation, and a failure by the responsible party to exhaust that party's administrative remedies. The administrative citation along with any imposed fines shall be deemed final in such case and any such imposed fines shall be immediately payable.
(C) If an in-person hearing is requested, the hearing officer may continue the hearing and/or request additional briefing or evidence from the enforcement officer or relevant city department or the responsible party that requested the hearing prior to issuing a decision. The hearing officer shall issue a decision within thirty (30) days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation nor the hearing officer's decision.
(D) If a hearing by written declaration is requested, the hearing officer shall review the responsible party's written declaration(s) and the enforcement officer's and/or relevant city departments' report(s) within thirty (30) days of receipt. Within those thirty (30) days, the hearing officer may request additional briefing or evidence from the responsible party and the enforcement officer and/or relevant city departments as necessary to render a decision. The hearing officer shall issue and serve a decision within thirty (30) days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation or the hearing officer's decision.
(E) Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The City bears the burden of proof at an administrative hearing to establish a violation of the contested codes by a preponderance of the evidence. The administrative citation, and any additional reports submitted by the enforcement officer and/or relevant city departments shall constitute prima facie evidence of the facts contained in those documents. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Government Code section 37104, et seq. (Ord. 852-23, 7-18-2023)