Newark Municipal Code Ch. 7.22 Hearings and Appeals

The city manager shall designate a hearing officer for the conduct of administrative hearings.

(Ord. 392 § 1 (part), 2003)

All hearings required by this title shall be conducted in the following manner:

A. The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. However, irrelevant or unduly repetitious evidence may be excluded.

B. The following persons may be present at the hearing: the hearing officer, a secretary/recorder, the enforcement officer(s), the city attorney, and any other witnesses. The presence of the property owner or responsible party is not necessary for the hearing to be held, and is solely an option of one or all of the individuals responsible for, or in control of the property.

C. All persons present at the hearing shall identify themselves by signing an attendance log.

D. All witnesses shall be sworn.

E. At the hearing, the party contesting the administrative action shall be given the opportunity to present evidence and other witnesses concerning the administrative proceeding. The contestant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law.

F. The failure of any violator to appear at the administrative hearing or, in the alternative, to present written or demonstrative evidence, shall constitute an admission of the violation and an admission that the amount of the administrative fine or penalty is appropriate as well as a failure to exhaust administrative remedies that may bar judicial review.

G. The Notice to Abate Nuisance Condition, Administrative Citation and any additional report(s) submitted by the code enforcement officer shall constitute presumptive evidence of the respective facts contained in those documents.

H. The hearing officer may continue the hearing and request additional information prior to issuing a written decision.

I. In all hearings conducted under this title, the decision of the hearing officer is the final decision of the city of Newark.

(Ord. 392 § 1 (part), 2003)

A. Any person aggrieved by an administrative decision of the hearing officer ordering the abatement of a nuisance and any associated administrative penalties or reimbursement for costs set forth in the Findings and Order, may obtain review of the administrative decision in the Superior Court by filing with the court a petition for writ of mandate pursuant to Section 1094.5 of the Code of Civil Procedure.

B. Any person aggrieved by an administrative decision of the hearing officer imposing an administrative citation fine or penalty may obtain review of the administrative decision in the Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

C. The filing of a request for judicial review shall not stay the operation or effect of an administrative decision or order unless a court of competent jurisdiction issues a specific stay order.

(Ord. 392 § 1 (part), 2003)

Unless otherwise specifically provided for herein, all notices required by this chapter shall be served either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at the person's last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed.

A. Where real property is involved, written notice shall be served on the property owner at the address as shown on the last equalized county assessment roll.

B. Where personal service or service by mail upon the property owner is unsuccessful, a copy of the order shall be conspicuously posted at the property which is the subject of the order.

C. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter.

(Ord. 392 § 1 (part), 2003)