Chapter 2.32


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.

2.32.150    Hearing procedure.

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, or as required by law, of the date set for hearing. (Ord. 457 § 3, 2015; Ord. 31 § 2, 1987; 1987 Code § 2.20.080)

2.32.090 Exchange of information.

A. No later than 5:00 p.m., 15 days prior to the date set for hearing, each party shall file with the city clerk 10 copies of each written or graphic item such person intends to offer into evidence during the hearing.

B. The presenting officer shall file a proposed decision with proposed findings in conjunction with the staff report to the city council. The appropriate city department shall prepare the staff report for the administrative hearing. The staff report may include, but not be limited to, the appeal material filed by each party at the time of the filing for the hearing; response material submitted by any “real-party-in-interest”; staff report, plans, and written information presented to and used by the decision-making body to render the decision which is the subject of the hearing; correspondence received; and any additional information the city department determines is appropriate to include in the staff report to assist the city council in rendering a decision. (Ord. 457 § 4, 2015; 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. Oral evidence shall be taken only under oath or affirmation.

B. The public will be provided an opportunity to speak to the council regarding the subject matter of the administrative hearing and decision before the city council. (Ord. 457 § 5, 2015; Ord. 31 § 2, 1987; 1987 Code § 2.20.110)

2.32.120 Documentary evidence.

The council shall consider the documents and graphic items filed with the city clerk in accordance with SBMC 2.32.090 and any additional documents presented at the administrative hearing. (Ord. 457 § 6, 2015; 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)

2.32.150 Hearing procedure.

The administrative hearing shall be conducted in accordance with the applicable provisions of this chapter and constitutional due process. The order of the hearing shall be as follows unless otherwise required by law:

A. Presentation of staff report by city staff;

B. Questions from the council;

C. Presentation by the appellant, applicant or respondent;

D. Public testimony;

E. Rebuttal of the appellant, applicant or respondent with remaining time;

F. Rebuttal by city staff;

G. Additional questions from the council;

H. Closing or continuing the matter;

I. Action as determined appropriate by the council. (Ord. 457 § 7, 2015)