Ione Municipal Code Art. V Administrative Hearings

A. A Person served with one of the following documents, orders or notices may file an appeal within ten calendar days from the date of service:

1. Any administrative citation or other notice to abate a public nuisance issued pursuant to this chapter;

2. Any other notice pursuant to this chapter for which an appeal is allowed or any other city action for which an appeal is allowed by this Code.

B. The appeal shall be made in writing stating the grounds for the appeal and shall be filed with the city clerk.

C. The appeal hearing shall be held by a hearing officer governed by the procedures for administrative hearings set forth in Sections 1.10.240 et seq. As set forth in Section 1.10.290, the decision of the hearing officer is appealable to the city council. However, when an appeal hearing is requested pursuant to this section, the city council retains the discretion to hold the appeal hearing in the first instance if it is deemed necessary for the timely or efficient enforcement of this chapter.

D. The filing of an appeal shall stay all further enforcement proceedings regarding the Code violation that is the subject of the appeal.

E. The appeal shall be accompanied by a fee, as set by resolution of the city council.

(Ord. No. 419, § 1, 4-21-2009)

The city may hold an administrative hearing prior to further enforcement action pursuant to this chapter, such as the abatement of a public nuisance, or the imposition or collection of fines or penalties.

(Ord. No. 419, § 1, 4-21-2009)

A. Written notice of the time and place of the administrative hearing shall be served on the responsible person at least ten calendar days before the date of the administrative hearing.

B. The notice of hearing may be served by any of the methods of service listed in Section 1.10.070.

(Ord. No. 419, § 1, 4-21-2009)

A. Appointment of hearing officers. The city may appoint hearing officers to conduct administrative hearings pursuant to this chapter. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or any grounds for disqualification of a judge as set forth in the California Code of Civil Procedure. The city manager and his or her designee shall develop policies and procedures relating to the appointment, compensation and disqualification of hearing officers.

B. Powers of hearing officer.

1. Upon receipt of a written request which is submitted no later than five days before the administrative hearing, the hearing officer shall subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The city manager or his or her designee shall develop policies and procedures relating to the issuance of subpoenas in administrative hearings, including the form of the subpoena and related costs. It is unlawful for any person to refuse to obey a subpoena issued by a hearing officer.

2. The hearing officer has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or, where extraordinary circumstances warrant, granting a new hearing. The hearing officer may continue a hearing based on good cause shown by one of the parties or if the hearing officer determines that due process has not been adequately afforded.

3. The hearing officer has the authority to require the responsible person to post a bond to ensure compliance with an administrative order for the payment of fines or penalties, or costs of enforcement of this chapter.

(Ord. No. 419, § 1, 4-21-2009)

A. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery need not apply. The city manager or his or her designee may from time to time adopt procedures for administrative hearings.

B. The city bears the burden of proof at an administrative hearing to establish the existence of a violation of this Code.

C. The burden of proof in an administrative hearing is to be supported by a preponderance of the evidence.

D. The hearing officer shall hear and consider all relevant evidence including, but not limited to, applicable staff reports, oral, physical and documentary evidence regarding the alleged violation, the proposed method of abatement, and the administrative costs incurred by the city.

E. Each witness, prior to testifying, shall be sworn in by the hearing officer or a clerk designated by the hearing officer.

F. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party's cause.

G. On its own motion or on the motion of either party, the hearing officer may continue the hearing for good cause, provided that notice is given to each party. The notice shall include the time, date and place at which the hearing is continued.

(Ord. No. 419, § 1, 4-21-2009)

The failure to appear at any administrative hearing by the responsible person or other affected person shall not affect the validity of any final administrative order resulting from the administrative hearing.

(Ord. No. 419, § 1, 4-21-2009)

A. After considering all of the testimony and evidence submitted at the administrative hearing, the hearing officer shall issue a written administrative order with the director within 15 days. The administrative order shall either uphold, modify or cancel any administrative citation or other enforcement action ordered by the city pursuant to this chapter. The administrative order shall list the findings in support of the decision and the imposition of any penalty. The administrative order may include, but is not limited, to the following:

1. The administrative order may affirm, modify or reject the daily rate or duration of the penalties imposed for a violation of this Code, or increase or decrease the total amount of penalties and costs assessed.

2. The administrative order may order the responsible person to cease from violating this Code, or take necessary corrective action by a specific date.

3. The administrative order may establish a deadline for the payment of penalties and costs or condition the total or partial assessment of penalties on the responsible person's ability to complete compliance by specified deadlines.

4. The administrative order may impose additional penalties that will continue to be assessed until the responsible person complies with the hearing officer's decision and corrects the violation.

B. The hearing officer shall serve the administrative order on each party. When the administrative order is served, the administrative order shall be final.

C. When the administrative order upholds or modifies the administrative citation as to one or more responsible persons, the hearing officer shall impose and assess not only the prescribed penalty, but also impose and assess administrative costs against each responsible party. When the administrative order directs abatement of a violation, including a public nuisance, the violation may be corrected or abated as authorized within this chapter or as otherwise permitted by law.

D. The hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative order.

E. The hearing officer may authorize the city to take necessary action, including the action listed below, to abate a public nuisance after an administrative order becomes final. Additionally, the city retains discretion to take the action specified below whenever any required repair or demolition pursuant to an administrative order is not commenced within 30 days after the administrative order becomes final:

1. The director may cause the building, structure, or other property described in the administrative order to be vacated by posting at each entrance thereto a notice reading:

Substandard Building Do Not Occupy It is a misdemeanor to occupy this building, or to remove or deface this notice. [Director's Name and Title], City of Ione.

No person shall occupy any building that has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the director have been completed and, where applicable, a certificate of occupancy issued pursuant to the provisions of the building code.

2. The director is authorized to enter upon any property or premises within the city to abate, repair, or demolish any building, structure, or other property pursuant to an administrative order. If an owner, occupant, or agent refuses permission to enter, inspect, abate, repair, or demolish any thing described in such order, the director may seek an administrative inspection warrant pursuant to the procedures provided for in California Code of Civil Procedure Sections 1822.50 et. seq.

3. The director may, in addition to any other remedy herein provided, cause the building, structure, or other property to be repaired to the extent necessary to correct the conditions that render the building substandard as set forth in the administrative order; or, if the administrative order required demolition or abatement, to cause the building, structure, or other property to be sold and demolished; or, to be demolished, and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot shall be paid over to the person or persons lawfully entitled thereto.

(Ord. No. 419, § 1, 4-21-2009)

A. The hearing officer's decision and any administrative order therefrom may be appealed in writing to the city council, by any interested person, by filing an appeal with the city clerk. The appeal must be filed within ten days after the date of service of the hearing officer's administrative order, and must contain the following information:

1. A specific identification of the property that is the subject of the proceeding;

2. A brief statement setting forth the legal interest of the appellant;

3. A statement in ordinary and concise language of the specific order or action protested, together with the contentions of the appellant;

4. The address and signatures of each person appealing; and

5. Verification of at least one appellant as to the truth of the matter stated in the appeal.

B. An appeal may be deemed filed upon receipt by the city clerk and payment of any appeal fee or bond, as set by resolution of the city council. Except as otherwise provided, the filing of an appeal shall stay the hearing officer's decision and enforcement of the administrative order. The city clerk shall set a date on which the city council will hear the appeal, which shall be no later than 30 days from the date that the appeal was filed. Written notice of the time and place for the appeal hearing shall be provided no later than ten days prior to the hearing.

C. The failure to file an appeal to the city council pursuant to this chapter shall render the decision, administrative order, or any abatement order of the hearing officer final and conclusive, and shall be deemed a failure to exhaust administrative remedies.

D. The appeal hearing shall be governed by the procedures set forth in this article.

E. If the city council finds that the violation or public nuisance conditions do not exist, it shall dismiss the proceeding. If the city council finds that a violation or a public nuisance exists, it shall issue a written order of abatement requiring abatement thereof, setting forth the findings of facts relied upon in making the order, the conditions constituting the violation or public nuisance, the required manner of abatement, and the date by which such nuisance or violation must be abated.

F. The decision and any abatement order of the city council is final on the date it is issued. The decision shall be served in the manner set forth in Section 1.10.070.

(Ord. No. 419, § 1, 4-21-2009)

A. Any responsible person who is aggrieved by a decision of the city pursuant to this chapter, and who has exhausted all administrative remedies provided in this Code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate within 90 days after such decision becomes final, in accordance with California Code of Civil Procedure Sections 1094.5 and 1094.6.

B. Notwithstanding the provisions of Sections 1094.5 or 1094.6 of the California Code of Civil Procedure, where a shorter time limitation to seek judicial review of any city act is provided by any other law, such shorter time limitation shall apply.

C. Within 20 days after service of the final administrative order, or after the decision of the local agency is made pursuant to an ordinance enacted in accordance with California Government Code Section 53069.4 regarding the imposition, enforcement or collection of administrative fines or penalties, any person contesting a final administrative order or decision made pursuant to this chapter may seek review by filing an appeal to be heard by the superior court. The right to appeal is limited to the terms and conditions in Government Code Section 53069.4.

(Ord. No. 419, § 1, 4-21-2009)

Failure to comply with an administrative order constitutes a misdemeanor punishable by a fine not exceeding $1,000.00 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. The director may use other appropriate legal means to recover any fines, penalties or administrative costs, and obtain compliance with the administrative order, including seeking an injunction.

(Ord. No. 419, § 1, 4-21-2009)