Chapter 2.44
HEARINGS AND APPEALS
Sections:
2.44.010 Hearings before advisory bodies.
2.44.020 Right to appeal to council.
2.44.030 Appeal application—Time limit and fee.
2.44.010 Hearings before advisory bodies.
In any case where a public hearing is held by a commission of this city, or any body that is advisory to the city council, such hearing shall be conducted in an informal manner. The formal rules of evidence shall not apply, and any person present may speak, to the effect that information and opinions from as many sources as possible may be obtained. (Prior code § 1-4.01)
2.44.020 Right to appeal to council.
Except where an appeals procedure is otherwise specifically provided in this code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him or her pursuant to any of the provisions of this code, or to any administrative decision made by any official of the city, or to any decision made by an official or commission of the city where the person by law or under this code has standing to appeal, if the denial, suspension, or revocation of a permit applied for or held by him or her pursuant to any of the provisions of this code, or to any administrative decision made by any official of the city, or to any decision made by an official or commission of the city where the person by law or under this code has standing to appeal, if the denial, suspension, or revocation of such permit or such administrative or official decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, may appeal in writing to the council by filing with the city clerk a written notice of such appeal, setting forth the specific grounds thereof. This action notwithstanding, any matter may be brought before the council on appeal by a member of the council.
No appeal may be taken to any such administrative decision made by an official of the city pursuant to the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned, and secondly with the city manager.
No right of appeal to the council from any administrative decision made by an official of the city pursuant to any of the provisions of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment. The city manager shall determine the character of the decision and hence the eligibility for appeal. (Prior code § 1-4.02)
2.44.030 Appeal application—Time limit and fee.
The appellant shall file a notice of appeal with the city clerk within ten days after the decision concerned. A non-refundable filing fee, to be set by resolution, shall accompany such notice of appeal. Appeals by members of the council shall not be subject to the filing fee. (Editorially amended during 2003 codification; prior code § 1-4.03)
2.44.040 Notice of hearing.
Upon the receipt of a notice of appeal, the clerk shall place the matter for hearing on the agenda of the next regular meeting of the council which is to be held at least five days after the date of the filing of the notice of appeal. The clerk shall also place a notice of such hearing in a newspaper of general circulation within the city. No hearing may take place until four days has elapsed from the date when notice thereof has appeared in an issue of such newspaper of general circulation. The applicant shall be considered notified of the hearing by the publication of the notice in such newspaper. (Prior code § 1-4.04)
2.44.050 Default.
When a notice of hearing has been given in accordance with the provisions of this chapter, a hearing may proceed in the absence of any party, and the council may decide the matter. (Prior code § 1-4.05)
2.44.060 Basic standard.
All hearings shall be full and fair in a substantial sense so that all necessary parties shall be afforded ample opportunity to make a showing fairly adequate to establish the propriety or impropriety from a standpoint of justice and law, of the action proposed to be taken, giving the parties an opportunity to present in a deliberate, regular, and orderly manner issues of law and fact. (Prior code § 1-4.06)
2.44.070 Disqualification.
Unless a quorum is broken thereby, any member of the council who has a personal interest or bias in the matter shall disqualify himself or herself.
Unless a quorum is broken thereby, upon a showing of personal interest or bias, the council shall order the disqualification of a member.
Only members of the council who have heard the whole matter may participate in the decision. (Prior code § 1-4.07)
2.44.080 Records.
The clerk shall cause all testimony to be summarized and shall receive and mark all exhibits.
Any party may provide and pay the compensation for a shorthand reporter. A transcript of the testimony taken by a certified shorthand reporter so provided shall constitute the official record of testimony. The council may order the proceedings to be taped. (Prior code § 1-4.08)
2.44.090 Continuances.
The council may order the hearing continued from time to time. Notice shall be given as provided in the Brown Act. (Prior code § 1-4.09)
2.44.100 Evidence.
All relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.
In a contested hearing, incompetent hearsay evidence may be used for the purpose of supplementing or explaining any other evidence but shall not be sufficient in itself to support a finding.
The rules of privilege shall be effective to the same extent as they are now or hereafter may be recognized in civil actions.
The hearing shall be held de novo, with all relevant evidence admissible whether or not presented originally to the board, commission, or staff member from which the appeal is taken.
Rules regarding interferences and presumptions in civil action shall obtain.
Each party shall have the right to rebut evidence against him or her. (Ord. 89-03 § 1: prior code § 1-4.10)
2.44.110 Witnesses.
The council may require any witness to testify under oath. The council shall place a witness under oath when requested to do so by any party.
The council may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the council. (Prior code § 1-4.11)
2.44.120 Objections.
Unless timely objection is made to the council, errors shall be waived. (Prior code § 1-4.12)
2.44.130 Decisions.
The council may postpone its decision in a matter for up to ten (10) days after a hearing is closed. The decision of the council shall be final. (Prior code § 1-4.13)
2.44.140 Findings.
Any party may request written findings or withdraw such request for written findings at any time before the close of a hearing. Such request shall be in writing and shall be accompanied by a nonrefundable processing fee of one hundred dollars ($100.00). (Prior code § 1-4.14)
2.44.150 Personnel board.
Section 2.44.050 through 2.44.140, inclusive, shall apply to hearings conducted by the council when the council sits as the personnel board. (Prior code § 1-4.16)