Chapter 4.22
ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES
Sections:
4.22.010 Administrative enforcement hearing procedures.
4.22.020 Declaration of purpose.
4.22.030 Procedures for notification of enforcement hearing.
4.22.040 Qualifications of enforcement hearing officer.
4.22.050 Selection of enforcement hearing officer.
4.22.060 Disqualification of enforcement hearing officer.
4.22.070 Powers of enforcement hearing officer.
4.22.080 Procedures at administrative enforcement hearing.
4.22.090 Failure to obey subpoena.
4.22.100 Failure to attend administrative enforcement hearing.
4.22.110 Administrative enforcement order.
4.22.130 Failure to comply with administrative enforcement order.
4.22.010 ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES.
This chapter establishes the procedures for conducting administrative enforcement hearings.
(Ord. 2000-17 § 2 (part), 2000).
4.22.020 DECLARATION OF PURPOSE.
(1) The city council finds that there is a need to establish a uniform procedure for administrative enforcement hearings conducted pursuant to the Santa Cruz Municipal Code. It is the purpose and intent of the city 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 efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action.
(2) The city manager is authorized to develop policies and procedures relating to the qualifications, appointment and compensation of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, subpoena powers and other matters relating to administrative enforcement hearings.
(Ord. 2000-17 § 2 (part), 2000).
4.22.030 PROCEDURES FOR NOTIFICATION OF ENFORCEMENT HEARING.
(1) Where an administrative enforcement remedy or proceeding authorized by this title provides for an enforcement hearing, the enforcement official may request a hearing officer to schedule a day, time and place for the hearing.
(2) 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 or property owner.
(3) The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the city manager.
(4) The notice of hearing shall be served by any of the methods of service listed in Chapter 4.03.
(Ord. 2000-17 § 2 (part), 2000).
4.22.040 QUALIFICATIONS OF ENFORCEMENT HEARING OFFICER.
The city manager shall promulgate rules and procedures as are necessary to establish a pool of qualified persons who are capable of acting on behalf of the city as hearing officers.
(Ord. 2000-17 § 2 (part), 2000).
4.22.050 SELECTION OF ENFORCEMENT HEARING OFFICER.
Enforcement hearing officers presiding at administrative enforcement hearings shall be selected on the basis of availability and compensated by the city manager. The city manager shall develop policies and procedures relating to the employment and compensation of enforcement hearing officers.
(Ord. 2000-17 § 2 (part), 2000).
4.22.060 DISQUALIFICATION OF ENFORCEMENT HEARING OFFICER.
Any person designated to serve as an enforcement hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law.
(Ord. 2000-17 § 2 (part), 2000).
4.22.070 POWERS OF ENFORCEMENT HEARING OFFICER.
(1) The enforcement 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.
(2) The enforcement hearing officer, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary by the enforcement hearing officer to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees shall be borne by the party requesting the subpoena. The city manager shall develop policies and procedures relating to the issuance of subpoenas in administrative enforcement hearings, including the form of the subpoena and related costs.
(3) The enforcement hearing officer shall retain 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.
(4) The enforcement hearing officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative enforcement order. Procedures for the use of a code enforcement performance bond shall be promulgated by the city manager.
(Ord. 2000-17 § 2 (part), 2000).
4.22.080 PROCEDURES AT ADMINISTRATIVE ENFORCEMENT HEARING.
(1) Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall be promulgated by the city manager.
(2) The city bears the burden of proof at an administrative enforcement hearing or a nuisance abatement hearing to establish the existence of a violation of the Santa Cruz Municipal Code or applicable state code, or to establish the existence of a public nuisance.
(3) The standard of proof to be used by the enforcement hearing officer in deciding the issues at an administrative hearing is a preponderance of the evidence standard.
(4) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.
(Ord. 2000-17 § 2 (part), 2000).
4.22.090 FAILURE TO OBEY SUBPOENA.
It is unlawful for any person to refuse to obey a subpoena issued by an enforcement hearing officer. Failure to obey a subpoena constitutes contempt and may be prosecuted as an infraction or a misdemeanor.
(Ord. 2000-17 § 2 (part), 2000).
4.22.100 FAILURE TO ATTEND ADMINISTRATIVE ENFORCEMENT HEARING.
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 a hearing and to an adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided.
(Ord. 2000-17 § 2 (part), 2000).
4.22.110 ADMINISTRATIVE ENFORCEMENT ORDER.
(1) The decision of the enforcement hearing officer shall be entitled “Administrative Enforcement Order” and shall be issued in accordance with the rules and procedures promulgated by the city manager.
(2) The administrative enforcement order shall be served on all parties by any one of the methods listed in Chapter 4.03 of the Santa Cruz Municipal Code.
(3) The administrative enforcement order shall become final on the date of service of the order.
(Ord. 2000-17 § 2 (part), 2000).
4.22.120 JUDICIAL REVIEW.
Judicial review of an administrative enforcement order may be sought pursuant to a writ of administrative mandamus. Once an administrative enforcement order becomes final as provided in this chapter, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6 except as provided in Section 24.04.190 of this code or as otherwise specifically provided elsewhere in this code.
(Ord. 2000-17 § 2 (part), 2000).
4.22.130 FAILURE TO COMPLY WITH ADMINISTRATIVE ENFORCEMENT ORDER.
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 4.22.110 of the Santa Cruz Municipal Code to fail to comply with the order. Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or a misdemeanor.
(Ord. 2000-17 § 2 (part), 2000).