Rancho Cordova Municipal Code Art. V Appeal

A. Form of Appeal. Any person entitled to service under RCMC § 16.20.400(C) may appeal from any notice and order, determination or any action of the director under this chapter by filing at the office of the clerk an appeal fee established by resolution of the city council and a written appeal. The appeal shall not be deemed filed until payment of the appeal fee has been received; provided, however, by regulation adopted pursuant to RCMC § 16.20.330 setting forth the standards and procedure, the appeal fee required hereby may be waived on the basis of financial hardship. The written appeal shall contain:

1. The names of all appellants participating in the appeal.

2. A brief statement setting forth the legal interest of each of the appellants in the building or land described in the notice and order, determination or action.

3. A brief statement in ordinary and concise language of the specific order, determination or action protested, together with any material facts claimed to support the contentions of the appellant(s).

4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order, determination or action should be reversed, modified or otherwise set aside.

5. The signature of each party named as an appellant and their official mailing address(es).

6. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

B. Time and Filing. To be timely, the appeal fee, or basis for waiver of the appeal fee if a regulation providing therefor has been adopted, and written appeal shall be filed within 15 days from the date of the service of such order, determination or action of the director; provided, however, that if the dwelling or portion thereof is in such condition as to make it immediately dangerous to the life, health, property, safety, or welfare of the occupants, public, or adjacent property, and it is ordered vacated, and it is posted in accordance with RCMC § 16.20.485(A) concerning posting of a notice to vacate, to be timely such appeal shall be filed within five days from the date of the service of the order, determination or action of the director. Only those persons who have timely filed an appeal may join or be joined in an appeal herein.

(SCC 0934 § 4, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. Appointment of Hearing Officers. The city council shall appoint active members of the State Bar of California, or any otherwise qualified individual or board, to serve as hearing officers for appeals brought under this chapter. The hearing officer appointed herein shall, where appropriate or necessary, serve as the housing appeals board as that term is used in the state housing law.

B. Processing of Appeal. Upon receipt of any appeal and appeal fee filed pursuant to this article, the clerk of the neighborhood services division shall immediately transmit a copy of the written appeal to a person appointed pursuant to this article to serve as a hearing officer.

C. Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the copy of the written appeal, the following shall occur:

1. Date. The hearing officer shall fix a date, time, and place for the hearing of the appeal. Such date shall be within 15 days of the filing of the appeal and payment of the appeal fee.

2. Notice. At least five days prior to the date of the hearing, the neighborhood services division shall give written notice of the time and place of the hearing to each appellant by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, certified postage prepaid, return receipt requested, addressed to each appellant at his or her address shown on the appeal. Notice shall be effective upon personal delivery or five days after mailing.

D. Subpoena. The hearing officer of the appeal for which the attendance of a witness is required may issue subpoenas and subpoenas duces tecum, and compensate persons subpoenaed.

1. This power shall be exercised and enforced in the same manner as the similar power granted to the city council in Chapter 3 (commencing with Section 37104) of Part 2, Division 3 of the Government Code, except that such power shall extend only to matters within this chapter.

2. Reasonable fees and expenses may be provided for by city council resolution for any or all such witnesses regardless of which party subpoenaed them.

3. Subpoenas shall be signed by the appropriate hearing officer. The issuance and service of any subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness, the reasons for the needed testimony and the materiality thereof in detail to the issues involved. The issuance of a subpoena duces tecum shall be obtained upon the filing of an affidavit therefor which specifies the exact items sought to be produced, and the materiality thereof in detail to the issues involved and state that the witness has the desired things in his or her possession or under his or her control. A subpoena need not be issued when the affidavit is defective in any particular manner.

4. Any person who refuses to attend any hearing or to produce material evidence in his or her possession, or under his or her control, as required without lawful excuse by any subpoena served upon such person as provided for therein, shall be guilty of a misdemeanor.

E. Conduct of Hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the type of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Hearsay evidence may be admitted for purposes of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now, or hereafter, recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.

1. Record. A record of the entire hearing proceeding shall be made by either a certified court reporter or any other means of permanent recording determined to be appropriate by the hearing officer. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established and revised from time to time by the city council.

2. Scope. Only those matters or issues specifically raised by the appellant(s) in the written appeal shall be considered in the hearing on appeal.

3. Oaths and Certification. In any proceedings under this chapter, the city council or the hearing officer has the power to administer oaths and affirmations and to certify official acts.

4. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.

5. Rights of Parties. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues of the hearing even though the matter was not raised in the direct examination, to impeach any witness regardless of which party first called him or her to testify, to present rebuttal evidence and to represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so. No appellant shall be required to testify without his or her consent.

6. Official Notice. Official notice of any facts which may be judicially noticed by the courts of this state may be taken in reaching a decision. The hearing officer may inspect any building or premises involved in the appeal during the course of the appeal process; provided, that (a) notice of such inspection be given to the parties before the inspection is made, (b) the parties are given an opportunity to be present during the inspection, and (c) the hearing officer states for the record upon completion of the inspection the material facts observed and conclusions drawn therefrom. Each party shall then have the right to rebut or explain the matters so stated by the hearing officer.

F. Decision. After considering the testimony and evidence presented at the hearing, the hearing officer shall issue a written decision. The hearing officer shall state the reasons for the decision and shall send a copy of the decision to the person that requested the hearing and to the enforcement officer by certified mail, postage prepaid, return receipt requested. The decision of the hearing officer shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. The decision of the hearing officer is final and may not be appealed.

G. Stay of Order Pending Appeal. Except for vacation orders or emergency action required to protect the health and safety of the occupants or the public, enforcement of any notice and order, determination, or action of the director issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

H. Right to Judicial Review. A person aggrieved by the hearing officer's decision may obtain review of the decision by filing a lawsuit with the superior court in Sacramento County within 90 days after service of the final decision in accordance with the timelines and provisions set forth in Section 1094.6 of the California Code of Civil Procedure.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 26-2007 § 7; Ord. 38-2007 § 1 (Exh. 1(J)))

Failure of any person to properly appeal, including making payment of the appeal fee in accordance with the provisions of this article, shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, determination, or action, or any portion thereof.

(SCC 0934 § 4, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The city may be awarded its costs, including attorneys' fees, in defending against an unsuccessful appeal brought without substantial merit, which costs may be charged jointly and severally against the appellants and recovered as costs of enforcement as provided herein. Such an award must be based upon a finding supported by a preponderance of the evidence that the appeal was without substantial merit or was taken for the sole purpose of delay.

(SCC 0934 § 4, 1993; SCC 1066 § 10, 1997; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)