Coachella Municipal Code Ch. 3.28 Administrative Appeals

The administrative hearing officer ("hearing officer") shall conduct all administrative appeal hearings of any timely and properly filed appeal from any administrative citation or any notice of public nuisance and order to abate ("notice and order") pursuant to the administrative appeal procedures set forth in this chapter. 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 code enforcement officer or other authorized enforcement agent who issued the administrative citation or notice and order (the "citing officer").

(Prior code § 14½-177)

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 this code and/or any applicable statutes, rules, codes or regulations, except as otherwise provided in this chapter.

(Prior code § 14½-178)

The procedures adopted in this chapter by the city for the selection of hearing officers shall not replace, substitute for, or in any way affect the administrative hearing board processes created by the uniform and national codes adopted by the city and the administrative hearings provided by the uniform and national codes shall be treated separate and apart from the administrative hearing procedures adopted in this section.

(Prior code § 14½-179)

Upon receipt of a proper and timely appeal, the city shall appoint a neutral and impartial hearing officer and shall schedule a hearing at a date, time, and location no earlier than ten (10) days and no later than sixty (60) days after receipt of such appeal, or as otherwise required by this code or any other applicable law or regulation, or as otherwise agreed by the city and the requestor. The city shall provide notice of the hearing as provided in this chapter.

(Prior code § 14½-180)

(Ord. No. 1078, § 4, 9-9-15; Ord. No. 1098, § 20, 12-14-16)

Editor's note— Ord. No. 1078, § 3, adopted Sept. 9, 2015, repealed § 3.28.050, which pertained to selection of hearing officer—notice to hearing officer, and derived from prior code, § 14½-181.

The city shall fix a date, time, and place for a hearing of the appeal pursuant to code Section 3.28.040. The city 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 an Administrative Hearing Officer at [time] on [month] [day], [year] regarding the [Administrative Citation or Notice of Public Nuisance and Order to Abate] served upon you. You must be present at the hearing. 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. Failure to appear at the appeal hearing shall constitute a waiver of your right to contest the [Administrative Citation or Notice of Public Nuisance and Order to Abate], a waiver of your right to contest the fines, a failure to exhaust your administrative remedies, and a bar to any further appeals of the [Administrative Citation or Notice of Public Nuisance and Order to Abate]."

(Prior code § 14½-182)

(Ord. No. 1098, § 21, 12-14-16)

The city shall cause a copy of the hearing notice to be served not less than ten (10) days before the scheduled hearing to each appellant by either personal service, or by mailing a copy of such notice to each such party at the address shown on the appeal.

(Prior code § 14½-183)

(Ord. No. 1098, § 22, 12-14-16)

Editor's note— Ord. No. 1098, § 23, adopted Dec. 14, 2016, repealed former § 3.28.080 in its entirety which pertained to proof of service of hearing notice and derived from prior code, § 14½-184.

The citing officer shall prepare an administrative hearing packet for the hearing officer to review prior to the hearing. The packet shall include a copy of the administrative citation or notice and order, a staff report and any evidence of the violation(s).

(Prior code § 14½-185)

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 citation or notice and order, 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.

(Prior code § 14½-186)

Failure to attend an administrative appeals hearing shall constitute a waiver of the right to contest the administrative citation, a waiver of the right to contest any fines, a failure to exhaust available administrative remedies, and a bar to any further appeals of the matter.

(Prior code § 14½-187)

(Ord. No. 1098, § 24, 12-14-16)

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.

(Prior code § 14½-188)

A. Following an appeal of an administrative citation, the hearing officer may decide to uphold the administrative citation or overturn the findings of the citing officer, in whole or in part. In the event the hearing officer determines to overturn the findings of the citing officer in whole, the recipient of the administrative citation shall not be required to pay the administrative fine imposed by such citation.

B. Following an appeal of a notice and order, the hearing officer may decide to uphold the notice and order, establish a modified schedule for compliance, or overturn the findings and determinations set forth in the notice and order, in whole or in part, and not require that the property owner or party otherwise responsible for the violation(s) take any action otherwise required by the notice and order. In the event the hearing officer determines to overturn the findings of the citing officer in whole, the recipient of the notice and order shall not be required to pay the administrative fine as required by such notice and order.

(Prior code § 14½-189)

The hearing officer shall prepare and serve a written notice of decision and compliance order ("decision and compliance order") upon the appellant and the citing officer following the appeals hearing. The decision of the hearing officer shall be final, except as otherwise provided by this chapter.

(Prior code § 14½-190)

The hearing officer shall serve the decision and compliance order to each appellant within thirty (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 citing officer.

(Prior code § 14½-191)

A. The decision and compliance order for an administrative citation 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, if the administrative citation is upheld, shall require the administrative citation recipient to pay all applicable administrative fines no later than thirty (30) 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 administrative citation. Payment of the administrative fine shall be made to the "City of Coachella" and delivered to the department issuing the citation.

B. 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 code 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 ten (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 issuing department or division unless otherwise directed by the City.

(Prior code § 14½-192)

(Ord. No. 1098, § 25, 12-14-16)

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 such 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 citing officer.

(Prior code § 14½-193)

The effective date of the hearing officer's decision and compliance order shall be as stated therein.

(Prior code § 14½-194)

A. If, after the decision and compliance order becomes final, the persons to whom the decision and compliance order is directed shall fail, neglect, or refuse to obey such order, the city may: (1) cause such person to be prosecuted for a misdemeanor violation for the offense of contempt of hearing officer; and (2) institute any appropriate legal action or proceeding necessary to gain compliance.

B. Each day that the persons to whom the decision and compliance order is directed fails, neglects, or refuses to obey such order shall constitute a new offense.

(Prior code § 14½-195)

Ord. No. 1098, § 26, 12-14-16)