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Chapter 10 — GENERAL PROVISIONS

§ 10.51 CONDUCT OF HEARINGS.

Eureka Zoning Code · 2026-06 edition · updated 2026-07-25 · Eureka

(A) Evidentiary rules. At the hearing, the administrative citation shall constitute prima facie evidence of the respective facts contained in the citation. Both the party contesting the administrative citation and the enforcement officer shall be given the opportunity to testify and to present additional evidence concerning the administrative citation. Such evidence may include the testimony of other witnesses, or the introduction of documents or other evidence. Such testimony, written documents, or other evidence sought to be introduced shall not be limited to any legal rules of evidence, save and except for the rule that it shall be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the person cited committed, caused or was responsible for the violation.

(B) Waiver of personal appearance at hearing. Instead of appearing at an administrative hearing in person or by an authorized representative, a person contesting an administrative citation may request that the hearing officer decide the matter based on the face of the citation and any other documentary evidence submitted by the person cited or the enforcing department prior to the date of the hearing.

(C) Failure to appear at hearing. The failure of any person requesting an administrative hearing to appear at the hearing in person or by an authorized representative shall be deemed to be a waiver of the right to be personally present at the hearing and the hearing officer shall decide the matter based upon the citation, any written materials which have previously been submitted in anticipation of the hearing, and any other evidence which may be presented at the hearing by the enforcement officer.

(D) Attendance of enforcement officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend, he or she may, prior to the hearing date, submit to the hearing officer reports, photographs or other documentation regarding the violation for consideration at the hearing.

(E) Continuation of hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision. (Ord. 638-C.S., passed 2-6-01)

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▸ Contents — Eureka Zoning Code
Eureka Zoning Code
  1. Article I — NAME AND SEAL; FORM OF GOVERNMENT; BOUNDARIES; MUN…
  2. Article II — ELECTIONS
  3. Article III — CITY COUNCIL
  4. Article IV — MAYOR
  5. Article V — ORDINANCES
  6. Article VI — ADMINISTRATION
  7. Article VII — FISCAL ADMINISTRATION
  8. Article VIII — OFFICERS AND EMPLOYEES
  9. Article IX — FRANCHISES
  10. Article X — INITIATIVE, REFERENDUM AND RECALL
  11. Article XI — MISCELLANEOUS PROVISIONS
  12. ▸ Chapter 10 — GENERAL PROVISIONS
    Overview
    1. § 10.01 TITLE; REFERENCE TO CODE.
    2. § 10.02 AUTHORITY.
    3. § 10.03 EFFECTIVE DATE.
    4. § 10.04 EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS.
    5. § 10.05 REFERENCE TO SPECIFIC ORDINANCES.
    6. § 10.06 VALIDITY OF CODE.
    7. § 10.07 REPEAL OF ORDINANCES.
    8. § 10.08 MAINTENANCE OF CODE.
    9. § 10.09 EXCLUSIONS FROM CODE.
    10. § 10.10 SCOPE OF CHAPTER.
    11. § 10.11 PROVISIONS CONSTRUED AS RESTATEMENTS AND CONTINUATIONS.
    12. § 10.12 TENURE OF OFFICERS PRESERVED.
    13. § 10.13 MEANING OF SECTION, SUBSECTION AND SUBCHAPTER.
    14. § 10.14 REFERENCE TO ACTS OR OMISSIONS WITHIN THE CITY.
    15. § 10.15 ACTS BY DEPUTIES.
    16. § 10.16 WRITING.
    17. § 10.17 REFERENCES TO ORDINANCES.
    18. § 10.18 SERVICE OF NOTICES.
    19. § 10.19 STATUTE OF LIMITATIONS.
    20. § 10.20 DEFINITIONS.
    21. § 10.21 ORDINANCES AND REGULATIONS DIRECTORY.
    22. § 10.22 PROHIBITED ACTS.
    23. § 10.23 IMPOSITION OF PENALTY; DETERMINATION OF PUNISHMENT.
    24. § 10.24 PLACE OF CONFINEMENT.
    25. § 10.25 FEES, CHARGES, AND TAXES MADE A CIVIL DEBT.
    26. § 10.26 SEVERABILITY.
    27. § 10.35 PURPOSE.
    28. § 10.36 APPLICABILITY.
    29. § 10.37 SEVERABILITY.
    30. § 10.38 DEFINITIONS.
    31. § 10.39 ADMINISTRATIVE CITATIONS.
    32. § 10.40 AMOUNT OF ADMINISTRATIVE FINES.
    33. § 10.41 PAYMENT OF ADMINISTRATIVE FINES.
    34. § 10.42 DELINQUENT ADMINISTRATIVE FINES; PENALTIES AND INTEREST.
    35. § 10.43 ISSUANCE OF PERMITS.
    36. § 10.44 SERVICE OF ADMINISTRATIVE CITATIONS AND OTHER NOTICES.
    37. § 10.45 NOTICE OF VIOLATION.
    38. § 10.46 CORRECTION OF VIOLATION.
    39. § 10.47 REQUEST FOR ADMINISTRATIVE HEARING.
    40. § 10.48 ADVANCE DEPOSIT; HARDSHIP WAIVER.
    41. § 10.49 HEARING OFFICER.
    42. § 10.50 HEARING DATE.
    43. § 10.51 CONDUCT OF HEARINGS.
    44. § 10.52 HEARING OFFICER'S DECISION.
    45. § 10.53 DISPOSITION OF ADMINISTRATIVE FINES.
    46. § 10.54 RIGHT TO JUDICIAL REVIEW.
    47. § 10.55 LATE PAYMENT CHARGES.
    48. § 10.56 RECOVERY OF ADMINISTRATIVE FINE, PENALTIES, INTEREST A…
    49. § 10.57 LIEN PROCEDURE GENERALLY.
    50. § 10.58 RECORDING OF LIEN.
    51. § 10.59 SATISFACTION OF LIEN.
    52. § 10.70 ADMINISTRATIVE HEARING PROCEDURES.
    53. § 10.71 ADMINISTRATIVE HEARING OFFICERS.
    54. § 10.72 NOTICE OF ADMINISTRATIVE HEARING.
    55. § 10.73 CONDUCT OF HEARING.
    56. § 10.74 CONTINUANCES.
    57. § 10.75 WRITTEN DECISION.
    58. § 10.76 FINALITY AND EXHAUSTION.
    59. § 10.77 SEVERABILITY.
    60. § 10.78 CONFORMING REFERENCES.
    61. § 10.99 GENERAL PENALTY.
  13. Chapter 30 — CITY COUNCIL
  14. Chapter 31 — CITY OFFICIALS
  15. Chapter 32 — CITY DEPARTMENTS
  16. Chapter 33 — BOARDS, COMMISSIONS, AND COMMITTEES
  17. Chapter 34 — PERSONNEL POLICIES
  18. Chapter 35 — FINANCE, REVENUE AND TAXATION
  19. Chapter 36 — HEALTH FACILITY REVENUE BONDS
  20. Chapter 37 — ELECTIONS
  21. Chapter 38 — CIVIL EMERGENCIES
  22. Chapter 39 — CITY POLICY
  23. Chapter 40 — TRANSFERS OF CITY-OWNED REAL PROPERTY
  24. Chapter 50 — SEWERS
  25. Chapter 51 — SOLID WASTE
  26. Chapter 52 — UNDERGROUND UTILITY DISTRICTS
  27. Chapter 53 — WATER
  28. Chapter 54 — STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONT…
  29. Chapter 55 — ENERGY
  30. Chapter 56 — STREETS
  31. Chapter 70 — GENERAL PROVISIONS
  32. Chapter 71 — TRAFFIC RULES
  33. Chapter 72 — STOPPING, STANDING AND PARKING
  34. Chapter 73 — BICYCLES
  35. Chapter 75 — MOBILE VENDORS OPERATING UPON A STREET
  36. Chapter 90 — ABANDONED VEHICLES
  37. Chapter 91 — ANIMALS
  38. Chapter 92 — FIRE PREVENTION
  39. Chapter 93 — PARKS AND RECREATION
  40. Chapter 94 — HEALTH AND SANITATION
  41. Chapter 95 — MUNICIPAL AIRPORT
  42. Chapter 96 — PARADES AND ASSEMBLIES
  43. Chapter 97 — SMOKING
  44. Chapter 98 — STREETS AND SIDEWALKS
  45. Chapter 99 — TRAINS AND RAILROADS
  46. Chapter 100 — HARBOR REGULATIONS
  47. Chapter 101 — FILMING
  48. Chapter 102 — BEEKEEPING
  49. Chapter 103 — PRIVATE SECURITY AND FIRE ALARM SYSTEMS
  50. Chapter 104 — MILITARY EQUIPMENT USE
  51. Chapter 110 — BUSINESS LICENSES
  52. Chapter 112 — AMBULANCES
  53. Chapter 113 — AMUSEMENTS
  54. Chapter 114 — CABLE TELEVISION SYSTEMS
  55. Chapter 115 — FOOD ESTABLISHMENTS AND OUTDOOR DINING AREAS
  56. Chapter 117 — MASSAGE PARLORS
  57. Chapter 118 — SOLICITORS, CANVASSERS, AND SIDEWALK VENDORS
  58. Chapter 119 — SECOND-HAND DEALERS
  59. Chapter 120 — TAXICABS AND LIMOUSINES
  60. Chapter 121 — OTHER VEHICLES FOR HIRE
  61. Chapter 122 — FOREIGN-TRADE ZONE
  62. Chapter 130 — OFFENSES AGAINST PUBLIC PEACE AND SAFETY
  63. Chapter 131 — PROPERTY OFFENSES
  64. Chapter 132 — DRUG OFFENSES
  65. Chapter 133 — WEAPONS OFFENSES
  66. Chapter 134 — ABATEMENT OF CHRONIC NUISANCE PROPERTIES
  67. Chapter 150 — BUILDING REGULATIONS
  68. Chapter 151 — AIRPORT ZONING
  69. Chapter 152 — PLANNING AND ZONING ADMINISTRATION
  70. Chapter 153 — FLOOD HAZARD AREA REGULATIONS
  71. Chapter 154 — SUBDIVISION REGULATIONS
  72. Chapter 155 — ZONING REGULATIONS
  73. Chapter 155 — ZONING REGULATIONS (old)
  74. Chapter 156 — COASTAL ZONING REGULATIONS
  75. Chapter 157 — HISTORIC PRESERVATION
  76. Chapter 158 — CANNABIS
  77. Chapter 159 — WIRELESS TELECOMMUNICATIONS FACILITIES

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