Article III — JUDICIAL REVIEW

SEC. 1-45. JUDICIAL REVIEW.

Judicial review of any decision of the city or of any board, commission, officer or agent thereof shall be subject to the provisions of Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(`64 Code, Sec. 1-28) (Ord. No. 1666)

SEC. 1-46. ACTIONS TO DETERMINE VALIDITY.

An action may be brought pursuant to the Cal. Code of Civil Procedure to determine the validity of any legislative act of the city council through ordinance or resolution, involving bonds, contracts, indebtedness, regulations, taxes, appointments, and all other matters relating to the operation of the city and the welfare of its residents.

(`64 Code, Sec. 1-29) (Ord. No. 1968)

SEC. 1-47. POWERS OF HEARING OFFICERS; SUBPOENAS.

(A) All hearing officers appointed by the city manager are authorized to:

(1) Hear complaints;

(2) Administer oaths;

(3) Issue subpoenas for the attendance of witnesses;

(4) Issue subpoenas for the production of papers, books, accounts, and documents (collectively “documents”);

(5) Inspect documents; and

(6) Certify all official acts.

(B) Subpoenas issued by the hearing officer extend to all parts of the State and may be served by any person authorized to serve process in courts of record or by any person designated for that purpose by the hearing officer.

(C) A person is not obliged to attend a hearing as a witness at a place out of the county in which the person resides unless the distance is less than 50 miles from the place of residence of such person.

(D) If any person refuses to attend or testify or produce any documents as required by a subpoena issued by a hearing officer, the hearing officer may petition the superior court for an order compelling the person to obey the subpoena. The petition of the hearing officer shall allege that:

(1) The subpoena gave the person due notice of the time and place of attendance at the hearing or the production of the documents;

(2) The person was subpoenaed in the manner prescribed herein; and

(3) The person failed to attend or produce the documents required by the subpoena or refused to answer questions propounded to the person in the course of the

hearing.

(E) The superior court has jurisdiction to compel the attendance of a person, the giving of testimony, and the production of documents required by any subpoena issued by a hearing officer.

(F) Upon the filing of the petition, the superior court shall enter an order directing the person to appear before the court at a specified time and place and then and there show cause why the person has not attended or testified or produced the documents as required. A copy of the order shall be served upon such person. If the court determines that the subpoena was regularly issued by the hearing officer, the court shall enter an order that the person appear before the hearing officer named in the subpoena, or such alternate hearing officer as the city manager may have subsequently appointed, at the time and place fixed in the order and testify or produce the required documents. Upon failure to obey the order, the person shall be dealt with as for contempt of court.

(G) Any party to a hearing held by any hearing officer has the right to the attendance of witnesses in such party's behalf at the hearing upon making request therefor to the hearing officer, designating the person sought to be subpoenaed, and upon depositing with the hearing officer a certified check payable to the person to be subpoenaed for fees and mileage calculated in the same amount established by law for a witness in a civil case in the State.

(Ord. No. 2588)