Folsom Municipal Code Art. III Hearings

Any person charged with an administrative violation who has been served with a notice to correct, stop order or notice of administrative violation and who wishes to contest the violation or the proposed sanction may request a hearing by filing a request for hearing within 10 calendar days of date of the service of the notice to correct, stop order or notice of administrative violation.

(Ord. 846 § 2 (part), 1996)

Any stop order issued pursuant to Section 1.09.023 shall remain in effect until the time of the hearing and any subsequent judicial review. Any additional compliance obligations that may be imposed as the result of a notice to correct, stop order or notice of administrative violation shall also be stayed if a timely request for hearing is filed and until a final decision after the hearing is completed unless an emergency situation affecting the safety or preservation of life or property exists. The enforcement authority shall provide written justification for invoking an emergency situation exception under this section to the responsible person within 24 hours of taking the action to correct the emergency situation.

(Ord. 846 § 2 (part), 1996)

The request for hearing shall be filed with the city clerk on a form provided by the city clerk and shall include reference to the notice which is being appealed, shall state all of the grounds for the appeal, and shall be accompanied by payment of: (1) an amount not to exceed $500 as security for payment of the proposed administrative sanction; and (2) a hearing fee. The city clerk shall not accept any request for hearing unless it is accompanied by the hearing fee and the required security for administrative sanction. The amount of the hearing fee shall be established from time to time by resolution of the city council. The amount of the security for the administrative sanction shall be the amount of the maximum sanction specified in the notice of violation, or $500, whichever is less. If the city clerk determines that the request for a hearing is untimely, the city clerk shall advise the responsible person of that determination in writing and shall mail a notice of denial of hearing based on untimely appeal to the responsible person by first class mail. The responsible person shall then have the right to judicial review of that determination as provided for in Sections 1.09.050 through 1.09.059 of this chapter. Upon a showing of good cause for the delay in filing a request for hearing, the city clerk may refer the issue of the right to an appeal to an administrative hearing pursuant to the procedures set forth in this chapter. The hearing officer shall determine whether there was good cause for the delay in filing the request for hearing before proceeding to the merits of the appeal.

(Ord. 846 § 2 (part), 1996)

Persons charged with a violation of the Folsom Municipal Code or other applicable laws are encouraged to meet with the enforcement authority and/or the appropriate department head or his/her designee prior to requesting a hearing to seek resolution of the matter. Such a meeting may be requested before or after the request of hearing is filed, but a request for the meeting shall not extend the time for filing the request for hearing.

(Ord. 846 § 2 (part), 1996)

With the filing of a request for a hearing or at any time before a hearing, the enforcement authority or a responsible person may request that an impartial mediator be appointed to help resolve the issues relating to the charged violation and/or proposed sanctions. The purpose of the mediation shall be to provide an opportunity for the enforcement authority and a responsible person to reach mutual agreement upon steps to achieve compliance with the Folsom Municipal Code or other applicable laws. If the enforcement authority agrees to mediation, the city clerk shall appoint a volunteer mediator to assist in the resolution of the dispute. The hearing may be postponed until completion of the mediation if both parties agree to the postponement. The city will solicit members of the community to act as volunteer mediators and shall provide them with training in mediation skills. Mediators will not receive compensation but shall be recognized publicly for their service to the community. If the enforcement authority and the responsible person reach agreement on a compliance plan, that agreement shall be placed in writing and shall be signed by the enforcement authority, the responsible person and the mediator. If the terms of the agreement are violated, the enforcement authority shall serve a notice of administrative violation as provided for in Section 1.09.024 of this chapter.

(Ord. 846 § 2 (part), 1996)

The hearing shall be held within 30 calendar days of the filing of a request for hearing unless both parties agree to a postponement of the hearing or the hearing officer rules that there is good cause to postpone the hearing. After the hearing has started, it may be continued with the consent of all parties or upon a showing of good cause for such continuance.

(Ord. 846 § 2 (part), 1996)

The city clerk shall mail to all parties written notice of the time and place of the hearing at least 10 calendar days prior to the date set for the hearing. Such notice shall also include a description of the rights of the parties in the hearing. Hearings shall be conducted in the city.

(Ord. 846 § 2 (part), 1996)

The city clerk shall appoint an impartial hearing officer for each hearing who may be an employee of the city or a person whose services are acquired by contract with the hearing officer or some public or private agency. The person appointed to conduct the hearing shall not have had within the past 12 months any responsibility for the investigation, prosecution or enforcement of the provision of the Folsom Municipal Code or other applicable laws at issue in the hearing and shall not have had any personal involvement in the case to be heard.

(Ord. 846 § 2 (part), 1996)

The hearing officer shall have no communications with any party, any city employee or official, or any potential witness concerning the substance of the case. Having such communications outside the presence of a party may be grounds for disqualification of the hearing officer from conducting the hearing. All communications concerning the case between the hearing officer and any person shall be revealed to the parties in the matter.

(Ord. 846 § 2 (part), 1996)

The parties to a hearing shall have the following rights:

A. Timely and adequate notice of the time and place of the hearing, their rights during the hearing and the issues that are to be the subject of the hearing;

B. The right to present evidence and witnesses;

C. The right to present argument;

D. The right to be presented. The representative need not be an attorney;

E. The right to open disclosure of all evidence presented to the hearing officer in the case;

F. The right to confront and cross-examine adverse witnesses;

G. The right to subpoena witnesses or documents;

H. The right to a verbatim record of the hearing;

I. The right to a decision based upon the evidence in the record of the hearing;

J. The right to an impartial hearing officer;

K. The right to a written decision setting forth the reasons for the decision and the evidence relied upon.

(Ord. 846 § 2 (part), 1996)

The hearing shall be informal and the hearing officer will have an affirmative obligation to seek the truth concerning the issues in the hearing. The hearing officer may ask questions of any witness and may establish the procedure for the presentation of evidence. The hearing officer may, on his or her own motion, call or subpoena a witness. The hearing officer may order the exclusion of witness during the testimony of other witnesses.

(Ord. 846 § 2 (part), 1996)

All hearings provided under this chapter shall be open to the public and press.

(Ord. 846 § 2 (part), 1996)

All testimony shall be given under oath. Hearing officers have the authority to administer such oaths.

(Ord. 846 § 2 (part), 1996)

All facts must be established by a preponderance of the evidence. The enforcement authority will have the burden to prove that a violation occurred and that the proposed sanction is appropriate. The enforcement authority shall be required to present its case first.

(Ord. 846 § 2 (part), 1996)

The rules of evidence adopted by state or federal law shall not apply. All relevant evidence shall be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.

(Ord. 846 § 2 (part), 1996)

The hearing officer shall have the authority to issue subpoenas (order to appear and give testimony) and subpoenas duces tecum (order to produce document(s) or paper(s)). The hearing officer may only issue subpoenas and subpoenas duces tecum upon a showing of reasonable necessity by the requesting party.

(Ord. 846 § 2 (part), 1996)

The hearing shall be tape recorded and a copy of the recording will be provided to anyone requesting a copy upon the payment of a fee set from time to time by resolution of the city council to cover the cost of duplication.

(Ord. 846 § 2 (part), 1996)

Any person, including a party, may request a typed written transcript of the hearing but the requesting person will be responsible for the cost of transcription, including an administrative fee. An estimate will be provided of the cost of the transcription and the person requesting the transcript will be required to deposit an amount equal to that estimate before transcription will be started. If the cost of the transcription is greater than the estimate, the person requesting the transcript will be required to pay the additional cost before the transcript is provided. If the actual cost of transcription is less than the estimate, the city will refund the difference.

(Ord. 846 § 2 (part), 1996)

The hearing officer shall prepare and forward to the parties a written decision within 30 calendar days of the close of the hearing. The decision shall be mailed by first class mail. If the hearing officer grants the appeal, the hearing officer shall have the discretion to refund the fee charged to the responsible person for the appeal.

(Ord. 846 § 2 (part), 1996)