Chapter 21.03 HEARINGS AND APPEALS

Any person charged with a violation of the Galt Municipal Code who has been served with an administrative citation and who wishes to contest the violation or the proposed sanction may request a hearing by filing a request for hearing within ten (10) calendar days of date of the service of the administrative citation.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.020 Preservation of status quo pending hearing.

Any order issued by an Enforcement Officer to stop work on a project, improvement or other development shall remain in effect until the time of the hearing and any subsequent judicial review. Any additional compliance obligations that may be imposed as the result of an administrative citation shall be stayed if a timely request for hearing is filed and until a final decision after the hearing is completed unless an emergency situation affecting the safety or preservation of life or property exists. The Enforcement Officer shall provide written justification for invoking an emergency situation exception under this section to the responsible person within twenty-four (24) hours of taking the action to correct the emergency situation.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.030 Request for hearing and fee - notice of denial of hearing based on untimely appeal.

The request for hearing shall be filed with the City Clerk on a form provided by the City Clerk and shall include reference to the notice which is being appealed, shall state all of the grounds for the appeal, and shall be accompanied by payment of: (1) the amount of the administrative sanction set forth in the administrative citation; and (2) a hearing fee in the amount of five hundred dollars ($500.00). The City Clerk shall not accept any request for hearing unless it is accompanied by the hearing fee and the administrative sanction, unless the responsible person files a request for an advance deposit hardship waiver form pursuant to Section 21.03.040. If the City Clerk determines that the request for a hearing is untimely, the City Clerk shall advise the responsible person of that determination in writing, but shall still refer the matter to an administrative hearing pursuant to the procedures set forth in this chapter. The Hearing Officer shall determine whether there was good cause for the delay in filing the request for hearing before proceeding to the merits of the appeal. If the Hearing Officer does not find good cause for the delay, then the Hearing Officer shall not proceed to hear the merits of the appeal.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.040 Advance deposit hardship waiver.

A. Any person who intends to request a hearing to contest an administrative citation and who is financially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waiver form, available from the Finance Department.

B. The request shall be filed with the Finance Department within ten (10) days of the date of service of the administrative citation.

C. The requirement of depositing the full amount of the fine as described in Section 21.03.030 shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver.

D. The Director may waive the requirement for advance deposit only if the cited party submits to the Director a declaration under penalty of perjury supported by evidence that shows to the Director’s reasonable satisfaction that such party is financially unable to deposit the total amount of the fine in advance of the hearing.

E. If the Director determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the City within five (5) days of the date of that decision.

F. The Director shall list his/her reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the cited party. The Director’s decision is final and may not be appealed to the City Manager or City Council.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.050 Meeting with enforcement authority.

Persons charged with a violation of the Galt Municipal Code or other applicable laws are encouraged to meet with the Enforcement Officer and/or the appropriate department head or his/her designee prior to requesting a hearing to seek resolution of the matter. Such a meeting may be requested before or after the request for hearing is filed, but a request for the meeting shall not extend the time for filing the request for hearing.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.060 Mediation.

With the filing of a request for a hearing or at any time before a hearing, the Enforcement Officer or a responsible person may request that an impartial mediator be appointed to help resolve the issues relating to the charged violation and/or proposed sanctions. The purpose of the mediation shall be to provide an opportunity for the Enforcement Officer and a responsible person to reach mutual agreement upon steps to achieve compliance with the Galt Municipal Code or other applicable laws. If the Enforcement Officer agrees to mediation, the City Clerk shall appoint a volunteer mediator to assist in the resolution of the dispute. The hearing may be postponed until completion of the mediation if both parties agree to the postponement. The City will solicit members of the community to act as volunteer mediators. Mediators will not receive compensation but shall be recognized publicly for their service to the community. If the Enforcement Officer and the responsible person reach agreement on a compliance plan, that agreement shall be placed in writing and shall be signed by the Enforcement Officer, the responsible person and the mediator. If the terms of the agreement are violated, the Enforcement Officer shall serve an administrative citation as provided for in Chapter 21.02.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.070 Timely hearing.

The hearing shall be held within thirty (30) calendar days of the filing of a request for hearing unless both parties agree to a postponement of the hearing or the Hearing Officer rules that there is good cause to postpone the hearing. After the hearing has started, it may be continued with the consent of all parties or upon a showing of good cause for such continuance.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.080 Notice of time and place of hearing.

The City Clerk shall mail to all parties written notice of the time and place of the hearing at least ten (10) calendar days prior to the date set for the hearing. Such notice shall also include a description of the rights of the parties in the hearing. Hearings shall be conducted in the City.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.090 Hearing officer.

The City Clerk shall appoint an impartial Hearing Officer for each hearing who may be an employee of the City, a person whose services are acquired by contract with the City or a Hearing Officer from a public or private agency. The person appointed to conduct the hearing shall not have had within the past twelve (12) months any responsibility for the investigation, prosecution or enforcement of the provisions of the Galt Municipal Code or other applicable laws at issue in the hearing and shall not have had any personal involvement in the case to be heard.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.100 Ex parte communications.

The Hearing Officer shall have no communications with any party, any City employee or official, or any potential witness concerning the substance of the case. Having such communications outside the presence of a party may be grounds for disqualification of the Hearing Officer from conducting the hearing. All communications concerning the case between the Hearing Officer and any person shall be revealed to the parties in the matter.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.110 Rights of the parties.

The parties to a hearing shall have the following rights:

A. Timely and adequate notice of the time and place of the hearing, their rights during the hearing and the issues that are to be the subject of the hearing;

B. The right to present evidence and witnesses;

C. The right to present argument;

D. The right to be represented. The representative need not be an attorney;

E. The right to open disclosure of all evidence presented to the Hearing Officer in the case;

F. The right to confront and cross-examine adverse witnesses;

G. The right to subpoena witnesses or documents;

H. The right to a recorded or verbatim record of the hearing;

I. The right to a decision based upon the evidence in the record of the hearing;

J. The right to an impartial Hearing Officer;

K. The right to a written decision setting forth the reasons for the decision and the evidence relied upon.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.120 Hearing procedure.

The hearing shall be informal and the Hearing Officer will have an affirmative obligation to seek the truth concerning the issues in the hearing. The Hearing Officer may ask questions of any witness and may establish the procedure for the presentation of evidence. The Hearing Officer may, on his or her own motion, call or subpoena a witness. The Hearing Officer may order the exclusion of witness during the testimony of other witnesses.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.130 Hearing open to the public.

All hearings provided under this chapter shall be open to the public and press.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.140 Oath.

All testimony shall be given under oath. Hearing Officers have the authority to administer such oaths.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.150 Quantum and burden of proof.

All facts must be established by a preponderance of the evidence. The Enforcement Officer will have the burden to prove that a violation occurred and that the proposed sanction is appropriate. The Enforcement Officer shall be required to present its case first.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.160 Rules of evidence.

The rules of evidence adopted by state or federal law shall not apply. All relevant evidence shall be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.170 Subpoenas.

The Hearing Officer shall have the authority to issue subpoenas (order to appear and give testimony) and subpoenas duces tecum (order to produce document(s) or paper(s)). The Hearing Officer may only issue subpoenas and subpoenas duces tecum upon a showing of reasonable necessity by the requesting party.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.180 Record of the hearing.

The hearing shall be recorded and a copy of the recording will be provided to anyone requesting a copy upon the payment of a fee set from time to time by resolution of the City Council to cover the cost of duplication.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.190 Written transcript.

Any person, including a party, may request a typed written transcript of the hearing but the requesting person will be responsible for the cost of transcription, including an administrative fee. An estimate will be provided of the cost of the transcription and the person requesting the transcript will be required to deposit an amount equal to that estimate before transcription will be started. If the cost of the transcription is greater than the estimate, the person requesting the transcript will be required to pay the additional cost before the transcript is provided. If the actual cost of transcription is less than the estimate, the City will refund the difference.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.200 Written decision.

The Hearing Officer shall prepare and forward to the parties a written decision within thirty (30) calendar days of the close of the hearing. The decision shall be mailed by first class mail. If the Hearing Officer grants the appeal, the Hearing Officer shall have the discretion to order the City to refund the fee charged to the responsible person for the appeal.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.210 Final administrative decision.

The decision of the Hearing Officer shall constitute the final administrative decision and shall not be appealable to the City Council or any committee or commission of the City.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.220 Judicial review.

Appeal shall be through judicial review of the final administrative decision by filing a petition for a writ of mandate with the Superior Court in accordance with the provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Such writs must be filed within ninety (90) calendar days from the date of the final administrative decision.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.230 Review standard.

The court may not change the findings of fact of the Hearing Officer unless there is no substantial evidence to support those findings.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.240 When monetary sanctions are due.

Monetary sanctions levied against a responsible person are due at the following times:

A. If a request for hearing is not filed in relation to the notice of administrative violation, the monetary sanction set out in the notice shall be due and payable ten (10) calendar days after service of the notice of administrative violation.

B. If a request for hearing is filed within the time limits prescribed by Section 21.03.010 and there is no appeal of the hearing decision to the court pursuant to Section 21.03.220, any monetary sanction determined by the Hearing Officer shall be due and payable ninety (90) calendar days after the date of a hearing decision, an order by the Hearing Officer dismissing the request for hearing, or the date the hearing request is withdrawn by the responsible party. The amount of sanction payable shall be the amount set by the Hearing Officer in a decision after hearing, or the amount set forth in the administrative citation if there is no hearing decision.

C. If there is judicial review of the hearing decision pursuant to Section 21.03.220, the monetary sanction shall be due and payable thirty (30) calendar days after the date of the final court order in relation to that review. The amount due shall be the amount ordered by the Hearing Officer unless a court modifies the amount of monetary sanction.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.250 Place for payment of monetary sanction.

All monetary sanctions shall be paid to the City and delivered to the Finance Department of the City. All payments shall be accompanied by a copy of the administrative citation, or the decision of the Hearing Officer or the court decision establishing the amount of the monetary sanction. The Finance Department shall prepare a receipt documenting the payment of the monetary sanction and shall forward one (1) copy of the receipt to the Enforcement Officer and one (1) copy of the receipt to the City Clerk. The City Clerk shall thereafter verify that the sanction has been paid in full. If the sanction has been paid in full, the City Clerk shall so note in the records pertaining to the administrative violation. If the sanction has not been paid in full, the City Clerk shall notify the Enforcement Officer and responsible person in writing.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)

21.03.260 Failure to pay a monetary sanction.

If the responsible party does not pay the monetary sanction within the times provided under Section 21.03.240, or if the responsible party fails to pay the required monetary sanction in full within the times provided under Section 21.03.240, any unpaid portion shall bear interest at the rate of ten percent (10%) per annum from the date such payment was due until paid in full and the City may take any of the following actions to collect the monetary sanction:

A. Liens. The amount of the unpaid sanction plus interest plus a reasonable administrative fee established by the City Council from time to time to cover the cost of collection constitutes and may be declared a lien on any real property owned by the responsible party within the City.

1. Notice shall be given to the responsible party prior to the recordation of the lien, and shall be served in the same manner as a summons in a civil action pursuant to Article 3, (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.

2. The lien shall attach when the City Manager or his/her designee records a lien listing delinquent unpaid sanctions with the Sacramento County recorder’s office. The lien shall specify the amount of the lien, the date of the code violation(s), the date of the final administrative decision, the street address, legal description, and assessor’s parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner of the parcel.

3. In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (A)(1) of this section shall be recorded by the City Clerk.

B. Special Assessments. The amount of the unpaid sanction plus interest plus a reasonable administrative fee established by the City Council from time to time to cover the cost of collection may be declared a special assessment against any real property owned by the responsible person within the City to the extent the responsible person owns more than one (1) parcel within the City. The City Council may impose the special assessment on more than one (1) parcel. However, the amount of the assessment shall not exceed the penalty imposed for the administrative violation. The City Manager or his/her designee may present a resolution to the City Council to declare a special assessment, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Sacramento County recorder’s office. The assessment may then be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subjected to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.

C. Withholding Entitlements. The City may withhold issuance of licenses, permits and other entitlements to a responsible person until payment is received.

D. Other Enforcement Procedures. The City may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Section 680.010, et seq.

(Ord. 2012-12, Repealed and Replaced, 12/04/2012)