Monte Sereno Municipal Code Ch. 5.22 Administrative Enforcement Hearing Procedures

This Chapter establishes the procedures for conducting administrative enforcement hearings.

(Ord. 144 § 2 (part), 2005)

A. The City Council finds that there is a need to establish a uniform procedure for administrative enforcement hearings conducted pursuant to the Municipal Code. It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes: adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action.

B. The City Manager is authorized to develop policies and procedures relating to the Enforcement Hearing Board powers, hearing procedures, scope of the hearing, subpoena powers and other matters relating to administrative enforcement hearings.

(Ord. 144 § 2 (part), 2005)

A. Where an administrative enforcement remedy or proceeding authorized by this Title provides for an enforcement hearing, the enforcement official may request the Enforcement Hearing Board to schedule a day, time and place for the hearing.

B. Written notice of the time and place of the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the responsible person and or the property owner.

C. The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the City Manager.

D. The notice of hearing shall be served by any of the methods of service listed in Chapter 5.03 of this Title.

(Ord. 144 § 2 (part), 2005)

Any person designated to serve as an Enforcement Hearing Board member is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law.

(Ord. 144 § 2 (part), 2005)

A. The Enforcement Hearing Board may continue a hearing based on good cause shown by one of the parties to the hearing or if the Enforcement Hearing Board members independently determine that due process has not been adequately afforded.

B. The Enforcement Hearing Board, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary by the Enforcement Hearing Board to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees shall be borne by the party requesting the subpoena. The City Manager shall develop policies and procedures relating to the issuance of subpoenas in administrative enforcement hearings, including the form of the subpoena and related costs.

C. By way of an administrative enforcement order, the Enforcement Hearing Board may reduce, waive or conditionally reduce the penalties or late fees assessed by the citation. The Enforcement Hearing Board may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. The Enforcement Hearing Board may assess reasonable administrative costs.

D. The Enforcement Hearing Board has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative enforcement order.

E. The Enforcement Hearing Board shall retain jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing.

(Ord. 144 § 2 (part), 2005)

A. Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply.

B. The City bears the burden of proof at an administrative enforcement hearing or a nuisance abatement hearing to establish the existence of a violation of the Municipal Code or applicable state code, or to establish the existence of a public nuisance.

C. The standard of proof to be used by the Enforcement Hearing Board members in deciding the issues at an administrative hearing is a preponderance of the evidence standard.

D. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.

(Ord. 144 § 2 (part), 2005)

It is unlawful for any person to refuse to obey a subpoena issued by the Enforcement Hearing Board. Failure to obey a subpoena constitutes contempt and may be prosecuted as an infraction or a misdemeanor, and/or civil proceedings may be instituted to compel compliance with the subpoena.

(Ord. 144 § 2 (part), 2005)

Any party whose property or actions are the subject of an administrative enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and to an adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided.

(Ord. 144 § 2 (part), 2005)

A. The Enforcement Hearing Board shall issue a written administrative enforcement order following a hearing conducted pursuant to this Chapter.

B. The decision of the Enforcement Hearing Board shall be entitled "Administrative Enforcement Order" and shall be issued in accordance with the rules and procedures promulgated by the City Manager.

C. The administrative enforcement order shall contain:

1. A decision of the Enforcement Hearing Board;

2. Findings in support of the decision; and

3. Evidence in support of the findings.

D. The administrative enforcement order shall be served on all parties by any one of the methods listed in Chapter 5.03 of this Municipal Code.

E. The administrative enforcement order shall become final on the date of service of the order on all parties to the hearing before the Enforcement Hearing Board.

(Ord. 144 § 2 (part), 2005)

Judicial review of an administrative enforcement order may be sought pursuant to a writ of administrative mandamus. Once an administrative enforcement order becomes final as provided in this Chapter, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6, except as otherwise specifically provided elsewhere in this Municipal Code.

(Ord. 144 § 2 (part), 2005)

It is unlawful for a party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order pursuant to Section 5.22.090 of this Municipal Code to fail to comply with the order. Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or a misdemeanor.

(Ord. 144 § 2 (part), 2005)