1.12.090 Administrative hearing.
A. Purpose. It is the purpose and intent of the city to afford due process of law to any person who is issued an administrative citation. Due process of law includes adequate notice, an opportunity to participate in a hearing, and an adequate explanation of the reasons justifying the administrative fine.
B. Request for Hearing. In order to request a hearing, the offender shall, within fifteen working days from the date the administrative citation is issued, submit a written request, together with payment of the fine. Any administrative fine which has been paid shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation is not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.
C. Notification of Hearing. At least fifteen working days prior to the date of the hearing, the city shall, by certified mail or personal service, give notice to the offender of the time, date and location of the hearing.
D. Hearing Officer.
1. The city manager shall appoint a hearing officer to hear all facts and testimony presented and deemed appropriate (“hearing officer”).
2. The employment, performance, evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of the administrative citation fines upheld by the hearing officer.
3. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason, as determined by the city manager. Any offender challenging the hearing officer’s impartiality shall file a statement with the city manager setting forth the grounds for disqualification. The question of disqualification shall be determined in writing by the city manager within ten days following the date on which the disqualification statement is filed.
E. Administrative Hearing Procedures.
1. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted, and, the fine has been paid in advance.
2. The city manager shall establish a monthly date for all hearings. A hearing before the hearing officer shall be set for the next hearing date that is not less than fifteen days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
3. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation caused or maintained the violation(s) specified in the administrative citation.
4. The recipient of an administrative citation contesting the administrative citation shall be given the opportunity to testify, cross-examine witnesses, and present witnesses and evidence concerning the administrative citation.
5. The administrative citation and any additional documents submitted by the enforcement official shall constitute prima facie evidence of the respective facts contained in those documents.
6. Not less than five days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citation(s), reports and other documents submitted or relied upon by the enforcement official. No other discovery is permitted. Formal rules of the California Evidence Code and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the hearing officer’s discretion.
7. The hearing officer may continue the hearing and request additional information from the enforcement official or the recipient of the administrative citation prior to issuing a written decision.
8. The offender, at the individual’s expense, and the enforcement officer may be represented by legal counsel at the hearing; however, an offender may be entitled to have the public defender or other counsel appointed at public expense to represent him or her.
F. Administrative Order.
1. Within ten working days of the hearing’s conclusion, the hearing officer shall provide the offender with its decision in writing (“administrative order”). The hearing officer shall provide the offender with the administrative order by personal service or by registered or certified mail to the offender’s last known address.
2. The administrative order shall contain the hearing officer’s findings of fact and conclusions and the procedure described in Section 1.12.050 for seeking judicial review. The decision of the hearing officer shall be final.
3. A decision in favor of the offender shall constitute a dismissal of the municipal code violation. The city shall return any moneys paid by the offender towards the dismissed municipal code violation fine.
4. If the hearing officer renders a decision in favor of the city, the offender must comply with the administrative order, or seek judicial review of the administrative order pursuant to Section 1.12.100.
G. Failure to Attend Administrative Hearing.
1. Waiver of Right to Hearing. The offender’s failure to appear at a hearing shall constitute a waiver of the right to a hearing. An offender’s failure to appear at the hearing shall be presumed an admission of guilt to the municipal code violation charges as indicated on the administrative citation.
2. Good Cause. Upon a showing of good cause by the offender, as determined by the hearing officer, the hearing officer may excuse the offender’s failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one time. Nothing in this subsection shall be interpreted to mean the offender is excused from the requirement of paying the administrative fine or appearing at a hearing.
3. Penalty. If the offender fails to appear at the hearing, the offender may be subject to the penalty set forth in Section 1.12.110. (Ord. 2006-09 § 1, 2006)