Chapter 1.36
ADMINISTRATIVE REMEDIES AND ENFORCEMENT HEARINGS
Sections:
1.36.010 Administrative remedies.
1.36.020 Administrative enforcement hearings.
1.36.025 Advanced hearing deposit.
1.36.030 Administrative enforcement order.
1.36.050 Failure to comply with administrative enforcement order.
1.36.070 Extension of appeal deadline.
1.36.010 Administrative remedies.
A. The council finds that there is a need for a variety of administrative remedies to enforce violations of this code and applicable state codes. The procedures established by these remedies are in addition to any other legal remedy established by law which may be pursued to address municipal code and applicable state code violations.
B. Whenever the enforcement officer determines that a violation of this code or applicable state code exists, the enforcement officer may pursue any of the administrative remedies enumerated in this title.
C. Unless otherwise noted in this chapter, terms and titles shall have the same meaning as defined in Chapter 1.44. (Ord. 792 (part), 2016: Ord. 586 § 2 (part), 1998).
1.36.020 Administrative enforcement hearings.
A. The council finds that there is a need to establish uniform procedures for administrative enforcement hearings conducted pursuant to this code. It is the purpose and intent of this council to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to effectively, expeditiously and fairly resolve issues raised in any administrative enforcement hearing. Any person charged with an administrative violation who has been served with a notice of violation or administrative citation and who wishes to contest the violation or penalty may request a hearing.
B. The city manager is authorized to develop policies and procedures relating to the qualification, disqualification and appointment of enforcement hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative enforcement hearings. Any person designated to serve as an enforcement hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified in a court of law.
C. The council or city manager shall appoint independent hearing officers for administrative enforcement hearings or contract with an organization that provides independent hearing officers.
D. Written notice of the time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing to the responsible person. The format and contents of the hearing notice shall be in accordance with the rules and policies developed by the city manager. The notice of hearing shall be served by any of the methods of service listed in Section 1.32.090.
E. The hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded. The hearing officer has continuing jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing. The hearing officer has the authority to require a responsible person to post a code enforcement bond to ensure compliance with an administrative enforcement order.
F. Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish the existence of a violation of this code or applicable state code. In the case of an abatement hearing, the city bears the burden of proof to establish the existence of a public nuisance. The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence. Each party shall have the opportunity to present evidence in support of his or her case.
1. No hearing to appeal an administrative citation shall be held unless and until a request for hearing form has been completed and filed with a deposit of the citation fine, unless a hardship form has been filed and approved.
2. The person requesting the hearing shall be notified of the time and place of the hearing at least ten days prior to the hearing via first class mail to the address stated on the hearing request form.
3. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible party caused or maintained the violation of the code.
4. The responsible party contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation, and to cross-examine witnesses and question evidence.
G. Any party whose property or actions are the subject of an administrative enforcement hearing and who fails to appear at the hearing is deemed to waive the right to the hearing and the adjudication of the issues related to the hearing; provided, that proper notice of the hearing was provided. (Ord. 792 (part), 2016: Ord. 586 § 2 (part), 1998).
1.36.025 Advanced hearing deposit.
If a person requests a hearing under this chapter regarding an administrative citation fine, the person must also pay a deposit to the city for the amount of the fine upon filing the hearing request with the city. If the person has a financial hardship, he or she may file a financial hardship form to avoid paying the deposit to the city. The advanced hearing deposit requirement will only be waived if city approves a timely submitted financial hardship form. Approving a financial hardship in lieu of a fine deposit in no way abrogates the city’s right to collect the fine once an administrative enforcement order has been issued. (Ord. 792 (part), 2016).
1.36.030 Administrative enforcement order.
The decision of the hearing officer shall be entitled “administrative enforcement order.” Within ten days of the hearing, the hearing officer will serve an administrative enforcement order, briefly stating the reasons for the decision. The administrative enforcement order shall become final on the date of service of the order, and shall be served on all parties by any one of the methods listed in Section 1.32.090. Once the administrative enforcement order becomes final, the time in which judicial review of the order must be sought shall be governed by the Code of Civil Procedure Section 1094.6. (Ord. 792 (part), 2016: Ord. 586 § 2 (part), 1998).
1.36.040 Judicial review.
It is unlawful for a party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order pursuant to Section 1.32.090 to fail to comply with the order. Any person aggrieved by an administrative enforcement order may obtain review of the administrative decision in the appropriate court in accordance with the timelines and provisions set forth in Government Code Section 53069.4. (Ord. 792 (part), 2016: Ord. 586 § 2 (part), 1998).
1.36.050 Failure to comply with administrative enforcement order.
Failure to comply with a final administrative enforcement order may be prosecuted as a misdemeanor. (Ord. 586 § 2 (part), 1998).
1.36.060 Hearing procedures.
A. A person served with one of the following documents may file a request for a hearing within ten calendar days from the service of notice:
1. An administrative abatement notice issued pursuant to Chapter 1.52;
2. An administrative citation issued pursuant to Chapter 1.44;
3. A letter from the enforcement officer indicating intent to record a notice of violation pursuant to Section 1.40.030.
B. The hearing request shall be made in writing and filed with the city clerk. As soon as practicable after receiving the written notice of hearing, the city clerk shall request the council or city manager to appoint, or cause to be appointed, a hearing officer and schedule a date, time and place for an administrative enforcement hearing pursuant to the procedures and policies set forth in Section 1.36.020. Failure to attend the administrative enforcement hearing by the persons appealing a notice of violation or administrative citation shall constitute a waiver of his or her rights to an administrative enforcement hearing and adjudication of the notice of violation or administrative citation or any portion of the notice of violation or administrative citation. (Ord. 792 (part), 2016: Ord. 586 § 2 (part), 1998).
1.36.070 Extension of appeal deadline.
A. In the event that a person files a financial hardship form, the person shall have an additional ten calendar days from the date the city mails notice to the person of whether the advanced deposit waiver request has been accepted to file a hearing request form and, if required, provide an advanced deposit.
If the city denies the financial hardship waiver request, the person may file a written appeal of the denial with the council within ten calendar days of the date notice was mailed that the advanced deposit waiver request has been denied. If a person files a timely appeal of a advanced deposit waiver request with the council, the council shall hear the request at its next regularly scheduled meeting. The person shall have five calendar days from the date of the council’s decision on their request to file his or her hearing request form and, if necessary, provide an advanced deposit.
B. If the deadline for filing any request with the city under this chapter falls on a day that the city’s offices are closed, then the deadline shall be extended to the first day that the city’s offices are open after the initial deadline lapses.
C. Requests and other documents filed with the city pursuant to this chapter shall be deemed filed on the day the document is personally delivered to the city or the date the document is postmarked after being deposited in the United States mail. (Ord. 792 (part), 2016).
1.36.080 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The council declares that it would have adopted such section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 792 (part), 2016).