Chapter 6.48
ADMINISTRATIVE HEARINGS
Sections:
6.48.020 Duties of administrative hearing officer.
6.48.030 Limitations on authority of hearing officer.
6.48.040 Request for hearing and hearing officer.
6.48.050 Scheduling of administrative appeals hearing – Notice of administrative appeals hearing.
6.48.060 Service of notice of administrative appeals hearing.
6.48.070 Proof of service of hearing notice.
6.48.080 Report and recommendation.
6.48.090 Admissibility of evidence.
6.48.100 Failure to attend administrative appeals hearing.
6.48.110 Rights of parties at appeals hearing.
6.48.120 Decision of the hearing officer.
6.48.130 Duty to prepare and serve decision and compliance order.
6.48.140 Time in which to serve decision and compliance order.
6.48.150 Content of decision and compliance order.
6.48.160 Service of decision and compliance order.
6.48.180 Failure to comply with decision and compliance order.
6.48.010 Purpose.
A. Unless otherwise provided by this title, any appeal filed by person aggrieved by an administrative decision made pursuant to this title shall be conducted in accordance with the provisions of this chapter.
B. Any administrative hearing of the city concerning animals which is required to be held by state law shall be conducted in accordance with the provisions of this chapter. (Ord. 07-72 § 4).
6.48.020 Duties of administrative hearing officer.
The administrative hearing officer (“hearing officer”) shall conduct all administrative appeal hearings of any timely and properly filed appeal from any administrative decision made under this title. The hearing officer shall review all evidence, documents, and written testimony and hear all oral testimony submitted by the parties at or before the scheduled administrative appeals hearing and render all decisions and findings in writing to the appellant with a duplicate copy to the director. (Ord. 07-72 § 4).
6.48.030 Limitations on authority of hearing officer.
The hearing officer’s authority to hear and consider appeals shall be limited to passing on only those appeals pertaining to matters within his or her subject matter jurisdiction. The hearing officer shall consider at the hearing on the appeal only those matters or issues which were specifically raised by the appellant in his or her appeal and which are relevant to the issues of the hearing. The hearing officer shall not have the authority to waive any requirements of the municipal code, zoning ordinance and/or any applicable statutes, rules, codes or regulations. (Ord. 07-72 § 4).
6.48.040 Request for hearing and hearing officer.
A. Within 10 business days of a decision, an affected party may appeal the decision by filing a written appeal specifying the reasons for the appeal and paying the appeal fee established by council resolution.
B. Within three business days after the director has determined that a timely and complete appeal has been filed, the director shall request appointment of a hearing officer in accordance with city policy. (Ord. 07-72 § 4).
6.48.050 Scheduling of administrative appeals hearing – Notice of administrative appeals hearing.
As soon as practicable, but allowing sufficient time for providing notice of the hearing as provided by this title, the hearing officer shall fix a date, time and place for the hearing of the appeal and shall instruct the director of the same. The director or his or her designee shall prepare a notice of administrative appeals hearing (“hearing notice”), which shall be in substantially the same form as follows:
You are hereby notified that a hearing will be held before the administrative hearing officer at _________________ on the ____ day of ______________, ________, at the hour of ______upon the ___________________ served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses testifying against you.
(Ord. 07-72 § 4).
6.48.060 Service of notice of administrative appeals hearing.
The director shall cause a copy of the hearing notice to be provided to each appellant either by causing a copy of said notice to be delivered to each appellant personally or by causing a copy of said notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal. (Ord. 07-72 § 4).
6.48.070 Proof of service of hearing notice.
Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the hearing notice and retained by the director. (Ord. 07-72 § 4).
6.48.080 Report and recommendation.
The director or his or her designee shall prepare an administrative hearing packet for the hearing officer to review prior to the hearing. The packet shall include a copy of all department documents pertaining to the subject violations, a staff report and any evidence of the violation(s). (Ord. 07-72 § 4).
6.48.090 Admissibility of evidence.
At the appeals hearing, the hearing officer shall hear any evidence offered either in support of appellant’s claim or in support of the administrative decision which is the subject of the appeal, provided such evidence is relevant to the issues of the hearing. The hearing officer has the authority to determine the relevance of any evidence to the hearing. The hearing officer also has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy. (Ord. 07-72 § 4).
6.48.100 Failure to attend administrative appeals hearing.
If appellant fails to attend the scheduled appeals hearing, the hearing will proceed without appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing. (Ord. 07-72 § 4).
6.48.110 Rights of parties at appeals hearing.
Each party appearing at the hearing shall have the following rights:
A. To call and examine witnesses;
B. To introduce documentary and physical evidence;
C. To cross-examine opposing witnesses;
D. To impeach any witness regardless of which party first called the witness to testify;
E. To rebut evidence; and
F. To be represented by anyone who is lawfully permitted to do so. (Ord. 07-72 § 4).
6.48.120 Decision of the hearing officer.
A. Following an appeal, the hearing officer may decide to uphold the administrative decision or overturn such decision, in whole or in part. In the event the hearing officer determines to overturn the decision in whole, the appellant shall not be required to pay any administrative fines imposed as a result of said administrative decision.
B. Following an appeal, the hearing officer may impose upon appellant such conditions for the keeping of animals as are permitted by state or local law. (Ord. 07-72 § 4).
6.48.130 Duty to prepare and serve decision and compliance order.
The hearing officer shall prepare and serve a written notice of decision and compliance order (“decision and compliance order”) upon the appellant and the director following the appeals hearing. The decision of the hearing officer shall be final and not appealable. (Ord. 07-72 § 4).
6.48.140 Time in which to serve decision and compliance order.
The hearing officer shall serve the decision and compliance order on each appellant within 30 calendar days from the date the hearing is deemed closed. The hearing officer shall also provide or cause to be provided a copy of the decision and compliance order to the director. (Ord. 07-72 § 4).
6.48.150 Content of decision and compliance order.
The decision and compliance order for a notice and order shall contain a brief summary of the evidence considered, findings of fact, a determination of the issues presented, the effective date of the decision, and a compliance order which shall specifically describe the actions which shall be required to be taken to remedy the violations indicated in the decision and compliance order and shall require the actions to be completed within a specified time period and by a specified deadline. The decision and compliance order shall further require the recipient of the notice and order to pay all applicable administrative fines no later than 10 days from the date of issuance of the notice of decision and compliance order. The amount of the fine for which the recipient shall be responsible shall be as set forth in the notice and order. Payment of the administrative fine shall be ordered to be made to the department unless otherwise directed by the director. (Ord. 07-72 § 4).
6.48.160 Service of decision and compliance order.
The hearing officer shall cause a copy of the decision and compliance order to be provided to each appellant either by causing a copy of said decision and compliance order to be delivered to each appellant personally or by causing a copy to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal. A copy of the decision and compliance order shall also be provided to the director. (Ord. 07-72 § 4).
6.48.170 Effective date.
The effective date of the hearing officer’s decision and compliance order shall be as stated therein. (Ord. 07-72 § 4).
6.48.180 Failure to comply with decision and compliance order.
It shall be unlawful to fail, neglect or refuse to obey a final decision and compliance order. (Ord. 07-72 § 4).