Chapter 19.16
HEARING PROCEDURE

Sections:

19.16.010    Preservation of the status quo pending hearing.

19.16.020    Waiver of deposits and fees.

19.16.030    Administrative hearing.

19.16.040    Decision of the hearing officer.

19.16.050    Appeal of hearing officer decision.

19.16.060    Collection of fines and costs.

19.16.070    Requirement to exhaust administrative remedies.

19.16.080    Judicial review.

19.16.010 Preservation of the status quo pending hearing.

If a timely request for any hearing is filed, any compliance obligations that may be imposed shall be stayed until a final decision is rendered, unless an emergency situation exists requiring summary abatement pursuant to Section 19.08.020. (Ord. 2010-01 § 1 (part))

19.16.020 Waiver of deposits and fees.

A.    Any person who is financially unable to make the deposit required by Section 19.12.060 or the fee required by Section 19.16.050 may seek a waiver from such payment.

B.    In order to seek a waiver from a deposit or fee, a written request for a waiver shall be filed with the city clerk. The written request for a waiver shall be filed with any written request for a hearing for which the deposit or fee is required as required by Sections 19.12.060 and 19.16.050. The request for a waiver shall be submitted with any supporting documents demonstrating to the satisfaction of thc city clerk that the person is financially unable to deposit the full amount of the fine in advance of the hearing or pay the full amount of the fee.

C.    If the city clerk denies the request for a waiver, the city clerk shall provide the requesting party a written determination of facts and findings supporting the determination to not issue the waiver. If the request for a waiver is denied, the person shall submit the required deposit or fee to the city clerk within ten (10) days of service of the city clerk’s determination, or may appeal the determination of the city clerk to the city council in accordance with the procedures provided in Chapter 2.44 of this code. (Ord. 2010-01 § 1 (part))

19.16.030 Administrative hearing.

A.    The hearing shall be set for a date not less than ten (10) days from the date of service of the notice of violation, and not more than sixty (60) days from the date a written request for a hearing to contest the administrative citation is filed with the city clerk, unless the code enforcement officer determines that the matter is urgent or that good cause exists for an extension of time based on the circumstances of the particular situation, in which case the hearing date may be shortened or extended.

B.    If the code enforcement officer submits a written report concerning thc notice of violation or administrative citation to the hearing officer for consideration at the hearing, then a copy of the report shall be served on the person issued the notice of violation or administrative citation at least five days before the hearing.

C.    At the place and time set forth in the notice of hearing or the notice of violation, the hearing officer shall conduct a hearing on the alleged violation(s). Any responsible party or other interested person(s) may appear and offer written or oral testimony or other evidence as to whether a violation has occurred and/or whether the violation continues to exist, whether the person served the notice of violation or the administrative citation is the responsible party for any such violation, whether an administrative fine or the fine amount is warranted, and/or any other matter pertaining thereto. Evidence presented by the code enforcement officer or other official of the city tending to show that a violation occurred and that the person served the notice of violation or administrative citation is the responsible party shall establish a prima facie case that a violation, as charged, actually existed and that the person served the notice of violation or administrative citation is the responsible party for the violation. The burden of proof shall then be on the responsible party to refute such evidence. The standard to be applied for meeting such burden shall be a preponderance of the evidence.

D.    The hearing officer shall consider all written and oral testimony and other evidence regarding the violation presented by the responsible party, the owner, the occupant, any officer, employee, or agent of the city, and any other interested party. Evidence offered during a hearing must be credible and relevant in the estimation of the hearing officer, but formal rules governing the presentation and consideration of evidence shall not apply.

E.    The hearing officer shall conduct the hearing, order the presentation of evidence and make any rulings or determinations necessary to address procedural issues presented during the course of the hearing. (Ord. 2010-01 § 1 (part))

19.16.040 Decision of the hearing officer.

A.    After considering all of the written and oral testimony and other evidence presented at the hearing, the hearing officer shall, within ten (10) days following the conclusion of the hearing, issue a written decision. The written decision of the hearing officer and any abatement order shall be served upon the responsible party and any interested party requesting a copy pursuant to Section 19.04.100.

B.    If the hearing officer’s written decision addresses an administrative citation, the hearing officer may uphold the administrative citation, uphold the administrative citation and modify the amount of the fine, or cancel the administrative citation. The written decision shall state the reasons for the decision. If the hearing officer modifies the amount of the fine or cancels the administrative citation, the city shall promptly refund any amount of the fine deposited.

C.    If the hearing officer’s written decision addresses a notice of violation and/or stop work order, the hearing officer may uphold, modify, or cancel the notice of violation and/or stop work order. The written decision shall state the reasons for the decision. If the hearing officer upholds or modifies the notice of violation and/or stop work order, the hearing officer shall issue a written abatement order in accordance with Section 19.08.070. The city may seek to enforce any abatement order by confirmation from a court of competent jurisdiction. Any abatement order that is judicially confirmed may be enforced through all applicable judicial enforcement measures, including, without limitation, contempt proceedings upon a subsequent violation of such order. (Ord. 2010-01 § 1 (part))

19.16.050 Appeal of hearing officer decision.

A.    The responsible party may appeal any decision of the hearing officer to the city manager by filing a written request for appeal stating the grounds for the appeal with the city clerk within seven days after the date on which the decision or determination is rendered by the hearing officer. The written request for an appeal hearing shall include payment of the appeal processing fee set forth by resolution of the city council or a request for waiver of the fee pursuant to Section 19.16.020. An appeal hearing shall not be held unless and until the appeal processing fee has been paid or a waiver of the fee has been granted pursuant to Section 19.16.020.

B.    The city clerk shall serve, pursuant to Section 19.04.100, notice of the time and place when the hearing will be conducted by the city manager to consider the hearing officer’s decision upon the responsible party at least ten (10) days prior to the scheduled date of the hearing. The hearing may be continued to a later date, at the discretion of the city manager.

C.    The city manager may uphold, modify, or cancel the decision of the hearing officer. Any determination by the city manager shall be in writing and served to the appellant pursuant to Section 19.04.100 within ten (10) days of the conclusion of the hearing. The decision of thc city manager may be appealed to the city council in accordance with the procedures provided in Chapter 2.44 of this code. (Ord. 2010-01 § 1 (part))

19.16.060 Collection of fines and costs.

The city may pursue any and all legal and equitable remedies for unpaid administrative fines, late payment charges, abatement costs and/or other costs, including, but not limited to, a lien as prescribed by Government Code Section 38773.1 or a special assessment as prescribed by Government Code Section 38773.5. (Ord. 2010-01 § 1 (part))

19.16.070 Requirement to exhaust administrative remedies.

The failure of any person to do the following shall constitute a failure to exhaust administrative remedies and shall preclude the person from obtaining judicial review of the validity of the administrative citation or abatement order:

A.    Failure to timely file a written request for a hearing to contest an administrative citation pursuant to Section 19.12.060.

B.    Failure to timely file a written request for appeal of a decision by a hearing officer pursuant to Section 19.16.050. (Ord. 2010-01 § 1 (part))

19.16.080 Judicial review.

Any responsible party who is aggrieved by a decision of the city council and who has exhausted the administrative remedies provided by this code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with Code of Civil Procedure Sections 1094.5 and 1094.6 and Government Code Section 53069.4. (Ord. 2010-01 § 1 (part))