Chapter 2.32
ADMINISTRATIVE HEARINGS
Sections:
2.32.010 Purpose.
2.32.020 Hearing – Appeal.
2.32.030 Hearing – Application.
2.32.040 Hearing – Inquiry.
2.32.050 Hearing – Review.
2.32.060 Representation.
2.32.070 Presenting officer.
2.32.080 Notice.
2.32.090 Exchange of information.
2.32.100 Continuances.
2.32.110 Oral evidence.
2.32.120 Documentary evidence.
2.32.130 Subpoena.
2.32.140 Evidence.
2.32.010 Purpose.
When the city council is to render an adjudicatory decision after consideration of evidence, an “administrative hearing” will be conducted in accordance with this chapter, unless a public hearing is required by law. This chapter does not apply when a public hearing is required for matters such as subdivisions, variances, special use permits, and planned developments. An administrative hearing shall be further labeled by the city clerk for city council action to indicate the type of matter involved, as exemplified by, but not limited to, the types of administrative hearings described in this chapter. (Ord. 31 § 2, 1987; 1987 Code § 2.20.010)
2.32.020 Hearing – Appeal.
Where an appeal is filed seeking the city council to review a final determinative action of a city committee or commission, or employee, an “administrative hearing: appeal” shall be set for hearing and the parties shall be denoted as follows:
A. The “appellant” who files the appeal;
B. The “real party in interest,” if not the appellant, whose interest is affected by the committee or commission action. (Ord. 31 § 2, 1987; 1987 Code § 2.20.020)
2.32.030 Hearing – Application.
Where an application is filed seeking a right or entitlement, an “administrative hearing: application” shall be set for hearing and the party who is seeking the right or entitlement shall be known as the “applicant”. (Ord. 31 § 2, 1987; 1987 Code § 2.20.030)
2.32.040 Hearing – Inquiry.
Where a notice of violation of code is filed by the city seeking to determine whether a person’s conduct is in conflict with applicable laws, rules or regulations, an “administrative hearing: inquiry” shall be set for hearing, and the party whose conduct is in question shall be known as the “respondent”. (Ord. 31 § 2, 1987; 1987 Code § 2.20.040)
2.32.050 Hearing – Review.
Where the city council is determining whether a right, authority, license or privilege should be revoked, suspended, limited or conditioned, an “administrative hearing: review” shall be set for hearing and the party whose entitlement is in question shall be known as the “respondent”. (Ord. 31 § 2, 1987; 1987 Code § 2.20.050)
2.32.060 Representation.
In proceedings under this chapter, an individual party may appear in person, or be represented by an agent with written authorization, a corporate party by an authorized officer or employee, and a partnership or joint venture by an authorized member or employee. Any party may be represented by a member in good standing of the State Bar of California. (Ord. 31 § 2, 1987; 1987 Code § 2.20.060)
2.32.070 Presenting officer.
The city manager or whomsoever the city manager may designate shall present the prehearing position of the city and shall be referred as the “presenting officer”. (Ord. 31 § 2, 1987; 1987 Code § 2.20.070)
2.32.080 Notice.
The parties shall be given reasonable notice of the date set for hearing. (Ord. 31 § 2, 1987; 1987 Code § 2.20.080)
2.32.090 Exchange of information.
A. No later than 5:00 p.m., six days prior to the date set for hearing, each party and the representing officer shall file with the city clerk a list of all witnesses to be presented by such person and 10 copies of each written or graphic item such person intends to offer into evidence during the hearing.
B. In like manner, the presenting officer shall file a proposed decision with proposed findings. (Ord. 31 § 2, 1987; 1987 Code § 2.20.090)
2.32.100 Continuances.
Continuances or extensions of time may be granted by the city council for good cause or upon agreement of all parties and the presenting officer. (Ord. 31 § 2, 1987; 1987 Code § 2.20.100)
2.32.110 Oral evidence.
A. Only a party or the presenting officer or a person whose name appears on a filed witness list shall present oral evidence.
B. Oral evidence shall be taken only under oath or affirmation. (Ord. 31 § 2, 1987; 1987 Code § 2.20.110)
2.32.120 Documentary evidence.
Only those documents and graphic items filed with the city clerk in accordance with SBMC 2.32.090 shall be considered for admission into evidence. (Ord. 31 § 2, 1987; 1987 Code § 2.20.120)
2.32.130 Subpoena.
For good cause the city council or the mayor may cause a subpoena to be issued. The mayor shall sign the subpoena attested to by the city clerk. (Ord. 31 § 2, 1987; 1987 Code § 2.20.130)
2.32.140 Evidence.
A. Each party and the presenting officer shall have the right to fully present evidence in accordance with this chapter.
B. Each party and the presenting officer shall have the right to present evidence in explanation or rebuttal.
C. The hearing shall not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence, including hearsay, shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs. The presiding member of the city council may set reasonable time limitations on the presentation of evidence. (Ord. 31 § 2, 1987; 1987 Code § 2.20.140)