Sacramento Municipal Code Art. VI Procedure for Conduct of Hearing Appeals

A. Hearing by Housing Board. At the time fixed in the notice required by Section 8.96.210 of this chapter, the housing board shall proceed to hear the testimony of the building official or designee and the testimony of the appellant and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in his or her notice of appeal.

B. Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the housing board.

C. Reporting. The proceedings at the hearing may also be reported by a certified shorthand reporter if such reporter is provided by the appellant at his or her own expense.

D. Continuances. The housing board may, upon request of the appellant or the building official, grant continuances from time to time for good cause shown, or upon its own motion.

E. Oaths-Certification. In any proceedings under this chapter, the housing board, any housing board member, has the power to administer oaths and affirmations and to certify to official acts.

F. Reasonable Dispatch. The housing board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. (Prior code § 50.06.601)

A. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. Government Code Section 11513, subsections (a), (b) and (c) as presently written or hereinafter amended shall apply to hearings under this chapter.

B. Oral Evidence. Oral evidence shall be taken only upon oath or affirmation.

C. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

D. Rights of Parties. Each party shall have these rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called him or her to testify;

5. To rebut the evidence against him or her;

6. To represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so.

E. Official Notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the housing board or departments and ordinances of the city or rules and regulations of the housing board. (Prior code § 50.06.602)

A. The housing board may, with the owner(s)' consent, inspect the building or premises involved in the hearing prior to, during, or after the hearing, provided that:

1. Notice of such inspection shall be given to the parties before the inspection is made;

2. The parties are given an opportunity to be present during the inspection; and

3. The housing board shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.

B. Each party then shall have a right to rebut or explain the matters so stated by the housing board either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

C. Neither inspection warrant nor the owner(s)' consent to inspect the building and surrounding properties is required if such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the property on which the building is located. (Prior code § 50.06.603)

A. If it is shown by a preponderance of the evidence that the owner has violated provisions of this chapter, then the housing board shall order the owner to correct the dangerous conditions or demolish the building within a reasonable time. The housing board shall also order that if the owner fails, refuses or neglects to correct the dangerous conditions or demolish the building within the time set forth in its order that the city may repair, demolish or secure the building pursuant to Article VIII of this chapter or institute an action to compel compliance with its order. The decision is a final decision and shall be in the form of an order and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the order shall be delivered to the appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested.

B. The order shall also inform the appellant that the decision of the housing board is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.5. (Prior code § 50.06.604)

The effective date of the decision and the period or periods within which the appellant must comply with the requirements of said decision shall be as stated therein. (Prior code § 50.06.605)