Jurupa Valley Municipal Code Ch. 2.40 Hearings and Appeals

A. A Hearing Officer shall be designated to hear and decide appeals and hold hearings pursuant to the provisions of this chapter relating to the following:

(1) Administrative proceedings for the abatement of public nuisances pursuant to provisions of this Code and the Riverside County Code of Ordinances as adopted by the city pursuant to Ordinance No. 2011-10 including, without limitation, Chapter 1.16 of the Riverside County Code of Ordinances, and Chapter 1.25 of this Code and any successor ordinances.

(2) Appeals filed pursuant to the provisions of Chapter 1.20, Administrative Penalties and any successor ordinances.

(3) Appeals of orders, decisions or determinations made by the Building Official or Fire Marshal pursuant to the construction and fire codes as adopted by Title 8, Buildings and Construction, including, without limitation, Chapter 8.05, Adoption of Construction Codes, and Chapter 8.10, adoption of Fire Code, and any amendments thereto or successor ordinances proving for the adoption of new versions of the construction codes and fire codes.

(4) Hearings and appeals concerning the revocation, suspension or denial of any permits issued by the city other than: (1) permits issued under the construction codes and fire code of Title 8 of this Code; and (2) any permits issued pursuant to the city's zoning and subdivision ordinances, including, without limitation, Title 16, Subdivisions, and Title 17, Zoning, of the Riverside County Code of Ordinances as adopted by Ordinance No. 2011-10, and Title 9 of this Code.

B. The Hearing Officer shall have the authority and jurisdiction to hear and decide appeals and hold hearings for all provisions of the Riverside County Code of Ordinances as adopted by the City pursuant to Ordinance No. 2011-10 that designate "Hearing Officials," "Hearing Officers, "Appeals Board," "Board of Appeals," or otherwise uses comparable language for the four categories enumerated in subsection (B) of this section pursuant to the provisions of this chapter.

C. The Hearing Officer shall have no authority or jurisdiction to hear and decide any matters pertaining to:

(1) Applications for, or revocations of, zoning approvals, subdivision approvals or other land use entitlements pursuant to the provisions of Title 16, Subdivisions, and Title 17, Zoning, of the Riverside County Code of Ordinances as adopted by Ordinance No. 2011-10, and Title 9 of this Code or their successor ordinances.

(2) Parking citations issued by the Sherriff of Riverside County or City officials.

D. The City Clerk shall designate qualified persons, attorneys or retired Superior Court or Appellate Court judges to serve as Hearing Officers for the city. The Hearing Officer shall be fair and impartial and shall have no bias for or against the Enforcement Official or Appellant. The City Clerk may also request the State Office of Administrative Hearings or a reputable firm providing mediators and arbitrators to submit the name of a qualified Hearing Officer.

(Ord. No. 2016-04, § 1(2.40.010), 4-7-2016)

A. Upon receipt of an appeal complying with the requirements of this Code from an Appellant or the receipt of a request for hearing from the Enforcement Official, and the receipt of the Appeal Fee as set by resolution of the City Council, the City Clerk shall designate a Hearing Officer and set the hearing before the Hearing Officer on a date that is not less than fifteen (15) days nor more than thirty (30) days from the City Clerk's receipt of the appeal or request for hearing. The City Clerk shall notify the Appellant and the Enforcement Official in writing of the date for the appeal or hearing and the name of the Hearing Officer. Within five (5) business days of the date of the City Clerk's notice of the name of the Hearing Officer, the Appellant or Enforcement Official shall have one opportunity to object to the proposed Hearing Officer. The City Clerk shall designate a new proposed Hearing Officer and notify the Enforcement Official and Appellant. No further objections to the Hearing Officer shall be allowed. The City Clerk may continue the date of the hearing one time for a period not to exceed fifteen (15) days. Any requests for further continuances shall be submitted to the Hearing Officer who may grant the continuance for good cause shown. For appeals filed pursuant to the provisions of Chapter 1.20, Administrative Penalties, and any successor ordinances, the city may contract with a reputable firm to process the appeal and provide a Hearing Officer to decide the appeal in accordance with this chapter.

B. At the hearing, the Hearing Officer shall receive oral and written evidence from the Enforcement Official and Appellant. The Hearing Officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The Hearing Officer shall have broad authority to control the proceedings and to provide for cross examination of witness in a fair and impartial manner. The Enforcement Official shall have the burden of proof to establish by clear and convincing evidence the facts upon which the Hearing Officer's decision is based. The hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase by all parties. The Hearing Officer may continue the hearing from time to time upon the motion of a party showing good cause for the continuance.

C. The Hearing Officer may uphold, modify or reverse the decision of the Enforcement Official. Within ten (10) days of the conclusion of the hearing, the Hearing Officer shall prepare and submit to the City Clerk a written decision and findings supporting the decision. The City Clerk shall send a copy of the Hearing Officer's decision the Enforcement Official and Appellant by U.S. Mail along with a proof of mailing.

(Ord. No. 2016-04, § 1(2.40.020), 4-7-2016)

A. Within ten (10) business days following the mailing of the Hearing Officer's decision to the parties, the Enforcement Official or Appellant may appeal the Hearing Officer's decision to the City Council. The appeal shall be filed with the City Clerk and, except for an appeal by the Enforcement Officer, shall be accompanied by the Council Appeal fee as set by resolution of the City Council. The Enforcement Official shall not be required to pay an appeal the Council Appeal Fee. If an appeal is not timely filed with the applicable Council Appeal Fee, the decision of the Hearing Officer shall be final and no further administrative appeal or judicial review shall be allowed.

B. The City Council's consideration of the appeal shall be limited to the evidence presented at the hearing before the Hearing Officer. No new evidence shall be presented to the City Council.

C. The Council shall allow the Enforcement Official and Appellant ten (10) minutes to present its arguments concerning the appeal, with the Enforcement Official given an additional five (5) minutes for rebuttal argument.

D. The City Council may uphold, reject or modify the decision of the Hearing Officer and shall approve a written decision on its determination. The Council decision must be made by a majority of the quorum present. A tie vote means that the decision of the Hearing Officer is upheld.

E. The City Council's decision on the appeal shall be final and no further administrative appeal or consideration by the City Council shall be allowed.

F. An Appellant aggrieved by a final decision of the Council concerning an appeal of an administrative penalty pursuant to Chapter 1.20 of this Code may obtain review of the administrative decision by filing a petition for review with the Superior Court of Riverside County in accordance with the timeliness and provisions set forth in Government Code Section 53069.4 or its successor statute. An Appellant aggrieved by a final decision of the Council on other matters requiring a hearing may obtain review of the administrative decision by filing a petition for review with the Superior Court of Riverside County in accordance with the timeliness and provisions set forth in Code of Civil Procedure Section 1094.6 or its successor statute. The provisions of Code of Civil Procedure Section 1094.6 hereby are adopted by the City Council and such provisions are made applicable in the City to "decisions" as set out in Section 1094.6 that are final.

G. As used in this chapter, certain words are defined as follows:

Appellant shall mean: (a) the person who has filed an appeal of a decision of an Enforcement Official; or (b) the responsible person as defined in Section 1.16.010, Definitions, of the Riverside County Code of Ordinances, as adopted by the City of Jurupa Valley by Ordinance No. 2011-010.

City Clerk shall mean the City Clerk or his designee.

Enforcement Official shall mean the Building Official, Community Development Director, Public Works Director, Code Enforcement Officers, Fire Chief, Fire Marshal, Vehicle Abatement Officer, or Riverside County Sheriff and their respective deputies and designees as also provided in Section 1.16.010, Definitions, of the Riverside County Code of Ordinances, as adopted by the City of Jurupa Valley by Ordinance No. 2011-010.

Hearing shall mean the hearings or the hearings on appeal relating to the matters described in Section 2.40.010(A).

(Ord. No. 2016-04, § 1(2.40.010), 4-7-2016; Ord. No. 2021-09, § 4, 4-15-2021)