(a) Hearing Request. An administrative hearing may be requested by an interested party to appeal any nuisance abatement related administrative process (except courtesy notices), such as: administrative citations; administrative fines; administrative orders; correction orders; abatement orders; permit revocations; license revocations; approval revocations; nuisance findings; danger findings; administrative appeals; invoices; or any such similar administrative nuisance abatement actions of the County ("enforcement action"). An administrative hearing may be requested by completing a hearing request form and returning it to the enforcement agency within 15 days from the date of service of notice of the enforcement action.
(1) A hearing request form may be obtained from the enforcement agency responsible for the enforcement action. Any request for administrative hearing must be accompanied by deposit of any fines and fees that have accrued on the violation(s), by cash or cashier's check payable to the County of Yolo. Failure to deposit such fines and fees constitutes a waiver of all rights to an administrative hearing and other appeal rights and shall be grounds for summary dismissal of the appeal without a hearing. Any appealed fines and fees shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s), or that there was no violation(s) during the period the appealed fines and fees assessed. If a hearing is requested but a person's financial condition prevents deposit of the fines and fees for the administrative citation being appealed, the person may request waiver of the deposit requirement, which shall be waived if the person provides sufficient evidence of an inability to pay because of one of the reasons for waiver of court filing fees enumerated in California Government Code § 68632.
(2) The request may be for an in-person hearing or a hearing by written declaration. If an in-person hearing is requested, then the County shall set the date and time for the administrative hearing. The requesting party shall be served written notice of the time and place set for the administrative hearing at least 10 days prior to the date of the administrative hearing.
(3) If a request for hearing by written declaration is made, then the written declaration must be made under penalty of perjury and attached to the hearing request form. The written declaration must establish all defenses the contesting party may have and must attach all evidence the contesting party wishes the Hearing Officer to consider. The written declaration may not be augmented or supplemented unless permission to do so is obtained from the Hearing Officer prior to the issuance of the decision.
(4) Other than coordinating and scheduling the administrative hearing, no ex parte communications may occur with the Hearing Officer. Any other communications with the Hearing Officer must be in writing and submitted to all parties either prior to, or contemporaneously with, the written communication to the Hearing Officer.
(5) The enforcement agency may submit a written report concerning the enforcement action to the Hearing Officer for consideration. If an in- person hearing is requested, then the report may be submitted at any time prior to the in-person hearing. If a hearing by written declaration is requested, then the report may be submitted within 30 days of service of the hearing request.
(6) Failure by an interested party to timely and properly request a hearing as required by this Chapter, including the proper submission of a written declaration under penalty of perjury when a hearing by declaration is requested, shall constitute an admission by that interested party to the existence of the cited violations, an admission of that interested party's liability for the cited violations, a waiver of that interested party's right to contest the enforcement action, and a failure by that interested party to exhaust their administrative remedies. The enforcement action, along with any imposed administrative fines or abatement costs that were to be adjudicated, shall be deemed final.
(7) Upon the proper filing of a hearing request, any administrative fines and administrative fees associated with the enforcement action shall be stayed pending the outcome of the administrative hearing.
(b) Hearing Officer. The County Counsel's Office shall be responsible for the selection of a Hearing Officer required by this Chapter. A Hearing Officer shall be a neutral third-party contracted by the County and selected in a manner that avoids the potential for any bias against any parties to the hearing. The Hearing Officer's compensation, if any, shall be paid by the County; however, the non- prevailing party shall be liable to the County for the costs of the hearing and the Hearing Officer's compensation. The Hearing Officer's compensation shall not be directly or indirectly conditioned upon the outcome of the administrative hearing.
(c) Hearing Officer Powers. The Hearing Officer shall preside over administrative hearings, administer oaths, issue subpoenas, and impose such rules of decorum upon administrative proceedings as will promote the fair and efficient consideration of matters before the Hearing Officer. The Hearing Officer has continuing jurisdiction over the subject matter of an administrative hearing for the purpose of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist.
(d) Subpoenas. The Hearing Officer is authorized to issue a subpoena for witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. If a subpoena is issued upon the appellant or the County, or the employee of either, service may be effectuated by ordinary mail at least 10 days before the hearing date, and the witness is entitled to the reasonable out-of-pocket costs of complying with the subpoena. If issued upon a third-party, service and witness fees shall be in accordance with the rules of the Code of Civil Procedure governing third-party subpoenas. The Hearing Officer may enforce compliance with the subpoena through the procedures outlined in Government Code Sections 25173 through 25176. All costs related to the subpoena, including witness fees, mileage fees, and the Hearing Officer's costs of enforcing the subpoena, shall be borne by the party requesting the subpoena.
(e) Hearing Procedure.
(1) An in-person hearing before the Hearing Officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for an in-person hearing is submitted in accordance with the provisions of this Chapter. This timeframe may be extended by necessity or stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the enforcement action, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the Hearing Officer's decision.
(2) If the interested party requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by that party to the existence of the cited violations, an admission by that party of that party's liability for the cited violations, a waiver by that party of the right to contest the enforcement action, and a failure by that party to exhaust that party's administrative remedies.
(3) If an in-person hearing is requested, the Hearing Officer may continue the hearing and request additional evidence from the enforcement agency or the requesting party prior to issuing a decision.
(4) If a hearing by written declaration is requested, the Hearing Officer shall review the requesting party's written declaration and the enforcement agency's report within 30 days of receipt. Within those 30 days, the Hearing Officer may request additional evidence from the enforcement agency or the requesting party as necessary to render a decision. Failure by the requesting party to respond or to produce additional evidence requested by the Hearing Officer may be deemed by the Hearing Officer as an abandonment of the hearing request. Failure by the enforcement agency to respond or produce additional evidence requested by the Hearing Officer may be deemed by the Hearing Officer as admissions in the requesting party's favor. Failure by the Hearing Officer to strictly comply with this provision shall not invalidate the enforcement action nor the Hearing Officer's decision.
(5) 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 to cross-examine witnesses. The County bears the burden of proof at an administrative hearing to justify the enforcement action by a preponderance of the evidence. The enforcement action, along with any additional evidence submitted by the enforcement agency, shall constitute prima facie evidence of the facts contained in that evidence.
(6) During the existence of a local emergency declaration that affects the ability to safely conduct an in-person hearing, the Hearing Officer may order that an in-person hearing be conducted electronically or by phone.
(§ 2, Ord. 1526, eff. October 29, 2020)