Redding Municipal Code Ch. 2.57 Administrative Hearings Board

The purpose of this chapter is to create an administrative hearings board with authority to impose administrative fines and penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing the Redding Municipal Code.

(Ord. 2356 § 4 (part), 2005)

An administrative hearings board for the City of Redding is created as a citizen board of the City of Redding, to determine the existence of violations of law, to impose administrative fines and penalties, to order appropriate methods of abatement, to make determinations regarding compliance with administrative orders, and to establish appropriate abatement costs.

(Ord. 2356 § 4 (part), 2005)

For purposes of this chapter, the following definitions shall apply:

"Board" means the City of Redding administrative hearings board.

"City" means the City of Redding.

"City attorney" means the legal counsel for the City of Redding.

"City council" means the governing body of the City of Redding.

(Ord. 2356 § 4 (part), 2005)

A. The administrative hearings board shall consist of three members appointed by the mayor with the approval of the city council. Members shall be either city residents, employed with the city or business owners within the city and shall have experience or an interest in the fields of zoning and building control and shall serve without compensation. To the extent possible, the membership of the board shall include persons with professional experience in law, law enforcement, dispute resolution, administrative processes, engineering, general contracting, subcontracting or real estate.

B. Each term shall be for a period of four years. An appointment to fill any vacancy on the board shall be for the remainder of the unexpired term of office.

C. If any member of the board fails to attend two of three successive meetings without cause and without prior approval of the chairman, the board shall declare the member's office vacant and the mayor and city council shall promptly fill such vacancy.

D. The members of the board shall elect a chairperson and vice-chairperson, who shall be voting members, from among the members of the board. The presence of two members shall constitute a quorum of the board. Members of the board shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the city council.

E. A conflict of interest code shall be adopted for the members and staff of the board. All members of the board shall be required to complete and file statements of economic interests in accordance with the conflict of interest code.

(Ord. 2356 § 4 (part), 2005)

(Ord. No. 2568, § 1, 3-21-2017)

The city attorney may either serve as counsel to the administrative hearings board or represent the city by presenting cases before the board, but in no case shall the city attorney serve in both capacities.

(Ord. 2356 § 4 (part), 2005)

A. The administrative hearings board shall have jurisdiction to hear and decide alleged violations of the Redding Municipal Code.

B. The jurisdiction of the board shall not be exclusive. Any alleged violation of any of the aforesaid codes may be pursued by appropriate remedy in court at the option of the city attorney.

(Ord. 2356 § 4 (part), 2005)

(Ord. No. 2576, § 2, 10-17-2017)

The administrative hearings board shall have the power to:

A. Adopt rules for the conduct of its hearings;

B. Subpoena the presence of alleged violators and witnesses to its hearings;

C. Subpoena the presence of evidence relevant to the matters before it;

D. Take testimony under oath;

E. Issue orders having the force of law to compel the payment of administrative fines, penalties and costs, and command whatever steps are necessary to bring a violation into compliance.

(Ord. 2356 § 4 (part), 2005)

Any administrative hearings board member is subject to disqualification from participation in a hearing for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. Rules and procedures for the disqualification of a board member shall be promulgated by the city manager.

(Ord. 2356 § 4 (part), 2005)

A. The board shall conduct administrative hearings at its regularly scheduled meetings, which shall be calendared at a frequency to be determined by the board. The board shall have the right to schedule special meetings in addition to those regularly scheduled, and may also adjourn a regularly scheduled meeting when determined to be in the best interests of the board.

B. All board hearings, including the public notice of such hearings, shall be conducted in accordance with the Ralph M. Brown Act. All hearings and proceedings shall be open to the public.

C. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of this state. Fundamental due process shall be observed and shall govern the proceedings.

D. Any alleged violator has the right to represent himself or herself, or to be represented by anyone of his or her choice.

E. Any party to the hearing shall be given the opportunity to testify, cross-examine witnesses, and present evidence as to the existence of the cited violation or as to whether or not the alleged violator is the party responsible for the violation.

F. Any member of the administrative hearings board, or the counsel to the board, may inquire of any witness testifying at a hearing. The alleged violator or his or her representative, if any, and the officer presenting the city's case before the board, shall be permitted to inquire of any witness testifying at the hearing. All parties to the hearing shall be permitted to present brief opening and closing statements.

G. Upon a showing of good cause by either party or on its own motion, the administrative hearings board shall have the authority to continue any hearing and to issue subpoenas for persons to appear and produce testimony and/or for persons to produce documents if the board believes that the information is relevant, material and necessary for the board to make a determination on the matter. The board may seek judicial validation of any subpoena which has not been complied with and it shall thereafter be unlawful, subject to prosecution as a misdemeanor, for any person to refuse to obey such a subpoena.

H. The city bears the burden of proof at an administrative enforcement hearing to establish the existence of a violation of the Municipal Code.

I. The standard of proof to be used by the administrative hearings board in deciding the issues at an administrative hearing is by a preponderance of the evidence. All actions of the board shall require an affirmative vote of at least two members of the board.

J. Continuances for good cause may be granted on the motion of any party or upon the board's own motion. The board may request additional information from any party prior to issuing a written decision.

K. All board meetings shall be recorded to audiotape or any other electronic format that ensures an accurate record of the meeting. Any hearing conducted by the board may also be reported by a certified shorthand reporter if such reporter is provided by the alleged violator at his or her own expense.

L. Minutes shall be kept of all board hearings.

(Ord. 2356 § 4 (part), 2005)

(Ord. No. 2568, § 2, 3-21-2017)