San Joaquin Municipal Code § 10.01 Title of Code

Section

General Provisions

Arrest and Citation Procedure

Administrative Citations

Administrative Hearing Procedures

GENERAL PROVISIONS

This codification of ordinances by and for the City of San Joaquin, California, shall be designated as the San Joaquin Municipal Code and may be so cited.

Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.

All provisions of Title I, compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

(A) General rule.

(1) Words and phrases shall be taken in their plain, ordinary and usual sense.

(2) However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

(B) Specific definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CALENDAR YEAR. From January 1 through December 31 of any given year.

CITY, MUNICIPAL CORPORATION or MUNICIPALITY. The City of San Joaquin, California.

CODE, THIS CODE or THIS MUNICIPAL CODE. This municipal code, as modified by amendment, revision and adoption of new titles, chapters or sections.

COUNCIL. The City Council of the City of San Joaquin.

COUNTY. Fresno County, California.

DAY. A calendar day unless otherwise expressed.

FISCAL YEAR. From July 1 of any given year through June 30 of the following year.

MAY. The act referred to is permissive.

MONTH. A calendar month.

OATH. An affirmation in all cases in which, by law, an AFFIRMATION may be substituted for an OATH, and in such cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.

OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of the city unless the context clearly requires otherwise.

OWNER. Applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of the building or land.

PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER, as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.

PERSONAL PROPERTY. Includes money, goods, chattels, things in action and evidences of debt.

PRECEDING or FOLLOWING. Next before or next after, respectively.

PROPERTY. Both real and personal property.

QUARTERLY. When used to designate a period of time, shall mean the first three calendar months of any given year or any succeeding period of three calendar months.

REAL PROPERTY. Includes lands, tenements and hereditaments.

SHALL. The act referred to is mandatory.

SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.

STATE. The State of California.

STREET. Includes all streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the city which have been or may hereafter be dedicated and open to public use or other public property so designated in any law of the state.

SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.

TENANT or OCCUPANT. Applied to a building or land, the terms shall include any person who occupies the whole or part of the building or land, whether alone or with others.

WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.

YEAR. A calendar year unless otherwise expressed; equivalent to the words YEAR OF OUR LORD.

The construction of all ordinances of the city shall be by the following rules unless the construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:

(A) AND or OR. Either conjunction shall include the other as if written "and/or", if the sense requires it.

(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act by an authorized agent or deputy.

(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

If any provision of this code, as now or later amended, or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

Whenever, in one section, reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this city exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

(A) If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published.

(B) No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

The official time, as established by applicable state/federal laws, shall be the official time within the city for the transaction of all municipal business.

(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.

(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.

This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

(A) Ordinances take effect 30 days after their final passage.

(B) An ordinance takes effect immediately, if it is an ordinance:

(1) Relating to an election;

(2) For immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council;

(3) Relating to street improvement proceedings;

(4) Relating to taxes for the usual and current expenses of the city; or

(5) Covered by particular provisions of law prescribing the manner of its passage and adoption.

(Cal. Gov't Code § 36937)

(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the ordinance repealing or modifying it becomes effective unless otherwise expressly provided.

(B) No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall, in any way, be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.

(C) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision unless it is expressly provided.

(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to the indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Ord. 15, passed 1-1-1970; Ord. 20, passed 1-1-1980; Ord. 25, passed 1-1-1985)

(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (Cal. Penal Code § 1212) (Ord. 10, passed 1-17-1980; Ord. 20, passed 1-1-1985)

(2) If a statutory cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information. Example:

This city shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.

Statutory reference:

Inspection of public records, see Cal. Gov't Code §§ 6250 et seq.

(C) If a section of this code is derived from the previous municipal code of the city published in 1994 and subsequently amended, the 1994 code section number shall be indicated in the history by "(1994 Code, § )."

(A) Contracts between the city or any of its agencies or subsidiaries and any third party shall be valid only if all of the following conditions are satisfied:

(1) The contract is in writing;

(2) The contract has been approved as to form by the City Attorney;

(3) The City Council or governing body of the contracting entity has approved the contract and designated an authorized individual to execute the contract, and the approval is recorded in the written minutes of the body; and

(4) The contract is executed on behalf of the entity by a duly authorized individual.

(B) As used in this section, CONTRACT shall include, but not be limited to, the whole or particular provisions of contracts, agreements, leases or other documents, and any modifications or amendments thereto by which the city, its agencies or subsidiaries agrees to voluntarily obligate itself. This section shall not apply to customary or routine purchases of supplies and materials for use in the entity's offices or Public Works Department, or to supplies, equipment or services purchased pursuant to Chapter 35 of the code.

(Ord. 00-106, passed 2-14-2001)

All fees heretofore set by ordinance in this code may also be established and amended by resolution of the City Council except when state law requires that fees be adopted or amended by ordinance. All fees, penalties, refunds, reimbursements and charges of any kind collected by the city shall be specified in the Master Fee Schedule designated in the Master Fee Resolution, as amended by the Council from time to time. Whenever applicable in this code, reference shall be made to the “Master Fee Resolution” in lieu of any reference to specific fee amounts.

(Ord. 13-101, passed 6-5-2013)

ARREST AND CITATION PROCEDURE

Whenever a peace office arrests any person for a violation of any section of the code heretofore enacted or which may hereafter be enacted, the violation of which is designated punishable as a misdemeanor, the arresting officer shall either take the person before a magistrate immediately, in conformity with the provisions of the Cal. Penal Code, or prepare in duplicate a written notice to appear in court in accordance with the provisions of this subchapter.

(1994 Code, § 1.16.010)

The notice shall contain the name and address of the person arrested, the offense charged, the time when the person shall appear in court, which shall be not less than five days after the arrest, and the place where the person shall appear in court which shall be before a judge of a justice court or a municipal court judge within the county who has jurisdiction of the offense charged and who is nearest and most accessible with reference to the place where the arrest is made.

(1994 Code, § 1.16.020)

The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure his release, must give his or her written promise to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the arrested person from custody.

(1994 Code, § 1.16.030)

As soon as practicable, the officer shall file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall proceed in accordance with the provisions of the Cal. Penal Code § 853.6(e)and (f), which subsections are incorporated herein and made a part hereof.

(1994 Code, § 1.16.040)

It is unlawful for any person to willfully fail to appear in court in accordance with his or her written promise contained in a notice to appear authorized by this subchapter regardless of the disposition of the charge alleged in the notice to appear. Warrant for arrest upon failure to appear.

(1994 Code, § 1.16.050) Penalty, see § 10.99

When a person who has signed a written promise to appear fails to appear at the time and place specified in the written promise contained in a notice to appear authorized by this chapter and fails to post bail as is herein provided for, the magistrate shall issue and have delivered for execution, within 20 days after the failure to appear, a warrant for the person's arrest.

(1994 Code, § 1.16.060)

(A) Except as otherwise specified in this Code, any person violating any of the provisions of this Code or failing to comply with any of the requirements of this Code shall be guilty of a misdemeanor unless:

(1) Such Code provision makes violation thereof an infraction; or

(2) The City Attorney files a complaint charging the offense as an infraction; or

(3) The court, with the consent of the defendant, determines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint; or

(4) The city, at its discretion, may issue an administrative citation and civil penalty in lieu of charging any violation of the Code as a misdemeanor or an infraction. The enforcement of those civil penalties shall be governed by the civil administrative citation procedures set forth in this chapter of the Code or as more specifically provided in other provisions of the Code.

(B) Any person convicted of an infraction under the provisions of this Code herein shall be punishable by:

(1) A fine not exceeding $100 for a first violation;

(2) A fine not exceeding $200 for a second violation of the same provision within one year of the date of the first violation;

(3) A fine not exceeding $500 for each additional violation of the same provision within one year of the date of the violation.

(Ord. 15-104, passed 10-13-2015)

ADMINISTRATIVE CITATIONS

This subchapter shall be known as the Administrative Citations Ordinance.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

The City Council of the City of San Joaquin finds that an alternative method for enforcing the code is necessary. The City Council further finds that an alternative method for enforcing the code is an administrative citation and civil penalty program. Nothing in this subchapter is intended to preclude the city from using any other available methods to enforce the code.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

Pursuant to Article XI, Section 7 of the California Constitution, the city has the authority to make and enforce within its jurisdictional limits all laws for the public health, safety, and welfare of its citizens not in conflict with general state laws. In addition, Cal. Gov't Code § 36901 specifically provides that a city may impose civil fines, penalties and forfeitures up to a maximum of $1,000 for violation of a city's ordinances. Also, Cal. Gov't Code § 53069.4 expressly authorizes a city to establish an administrative citation program for violation of city ordinances.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

Any person violating any provision of the code may be issued an administrative citation by a citation officer as provided in this subchapter. A citation officer is any person designated by the City Manager to enforce violation of the Code. A separate civil penalty for each violation of the code may be assessed by means of one administrative citation.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

Upon discovering or observing any violation of the code, a citation officer may issue an administrative citation, in a form approved by the City Manager and City Attorney, to a violator or property owner, with the following contents:

(A) Date and location of the violation(s), including the street address, if any, and the approximate time the violations were observed;

(B) Section(s) of the code violated and a brief description of how the section(s) are violated;

(C) Description of the action required to correct the violation(s), if applicable; and if applicable, the date by which the violation must be corrected;

(D) Statement explaining the consequences of failure to correct the violation(s);

(E) Amount of fine imposed for the violation(s);

(F) Explanation of how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty;

(G) Right to contest the contents of the administrative citation and right of appeal, including the name and address of the City Clerk for purposes of filing any notice of appeal; and

(H) Signature of the enforcement officer and the signature of the violator if he or she can be located, as outlined herein.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

(A) The citation officer shall attempt to locate the responsible party for any violation of this code. For purposes of issuance of a citation to a business, the citation may be issued to the person in immediate control of the business on site at the time of the issuance of the administrative citation and penalty. The citation officer should attempt to obtain the signature of the person upon whom the citation was issued. However, lack of signature shall in no way affect the validity of the citation and subsequent proceedings.

(B) If the citation officer is unable to locate the violator(s) then the administrative citation shall be mailed to the responsible party and property owner, if different than the responsible party. The administrative citation shall be mailed to the violator(s) or property owner(s) by certified and first class mail. The failure of any person with an interest in the property to receive the notice shall not affect the validity of any proceedings taken under this subchapter. Notice by certified and first class main in the manner described above shall become effective on the date of mailing.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

A citation issued for a continuing violation of a building, plumbing, electrical or other structural or zoning regulation, that does not create an immediate danger to public health or safety, may not be issued until the responsible party has been given a reasonable period of time by the city to correct the violation through a notice of violation, notice and order or other type of corrective notice.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

Any person issued an administrative citation may contest the contents of the administrative citation by fling an appeal under the Administrative Hearing Procedures Ordinance of the city. If no appeal is filed within the time prescribed, the penalty shall be final and immediately payable.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

Except as otherwise set forth in this code, or by City Council resolution, the City Council establishes the following base schedule for determining the amount of the administrative fine to be assessed for each code violation specified in the administrative citation:

(A) First violation within a rolling 12-month period: $100;

(B) Second occurrence of the same violation within a rolling 12-month period: $250; and

(C) Third or subsequent occurrence of the same violation within a rolling 12-month period: $500.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

If the violator or property owner fails to correct the violation, subsequent administrative citations and penalties may be issued for the same violation(s) or the city may institute any other applicable action permissible under this code to gain compliance. The amount of the penalty for each subsequent violation of the same code provision shall increase at a rate specified in this subchapter.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

Payment of any penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city. The failure of any person to pay any penalty assessed by administrative citation with the time specified on the administrative citation shall result in an assessment of an additional late fee to be charged. The amount of the late fee shall be 10% of the civil penalty due and owing.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

Administrative fines shall constitute a debt to the city and shall be directly payable to the city.

(Ord. 107, passed 10-8-2008; Ord. 08-108, passed 10-8-2008)

ADMINISTRATIVE HEARING PROCEDURES

This subchapter shall be known as the Administrative Hearing Procedures Ordinance.

(Ord. 12-101, passed 11-7-2012)

Except where specifically provided otherwise in this code, this subchapter shall provide the procedures, rules and standards for all administrative hearings provided under this code or administrative hearings provided under rules or regulations promulgated pursuant to this code.

(Ord. 12-101, passed 11-7-2012)

The City Manager may adopt rules, regulations, policies, and procedures, that are consistent with the intent or provisions of this subchapter as may be necessary or desirable to aid in its administration or enforcement.

(Ord. 12-101, passed 11-7-2012)

Hearing officers may be selected as follows:

(A) The City Manager may appoint any person willing to serve without compensation or valuable consideration or promise of future compensation or valuable consideration, on a case by case basis.

(B) The City Manager may appoint a State Administrative Law Judge under a contract with the Office of Administrative Hearings or a hearing officer or an arbitrator employed by a private independent arbitration service, such as JAMS or the American Arbitration Association, on a case by case basis.

(C) The city may award a contract to a person to serve as permanent hearing officer. The permanent hearing officer shall be hired under a contract with a minimum one year term. The hearing officer may not be terminated without case and the basis for termination shall not be related to the outcomes of hearings.

(Ord. 12-101, passed 11-7-2012)

Service of any notice, hearing packet, or order under this chapter shall be by personal service or first class mail. The date of service shall be considered the date the notice, hearing packet or order was personally served or three days after the date of mailing.

(Ord. 12-101, passed 11-7-2012)

(A) Standing. A person who has a legal, existing interest in the property, right or entitlement subject to the city order, citation, decision or determination sought to be appealed from has standing and a right to appeal under this chapter. A notice of appeal that fails to show standing may be rejected as defective.

(B) Notice of appeal. Unless otherwise provided in this code, a notice of appeal shall be filed in writing with the City Clerk within 15 calendar days after the service of the order, citation, decision, or determination appealed from. The appeal shall contain the following:

(1) The name, address, and telephone number of the appellant;

(2) A statement describing the appellant’s legal existing interest in the property, right or entitlement subject to the city order, citation, decision or determination sought to be appealed from;

(3) A brief description of the specific order, citation, decision, or determination being appealed;

(4) A statement of the relief sought;

(5) The reasons why such relief should be granted.

(C) Late appeals. Upon a showing of good cause, the hearing officer may, in his or her discretion, permit the filing of an appeal, or an amended appeal, after 15 calendar days, in which case the appeal shall be considered in the same manner as if it had been timely filed.

(D) Defective notice of appeals. If, in the opinion of the City Clerk, the appeal or an amended appeal fails to comply substantially with the requirements of this section, the City Clerk may give written notice of such insufficiency to the appellant, stating with particularity the defects or omissions therein. Failure of the appellant to file an amended appeal within seven calendar days of the date of service of such notice of insufficiency shall constitute a waiver of the appeal. Failure of the City Clerk to give notice of any insufficiency within seven calendar days shall result in the appeal being heard on its merits, without regard to any insufficiency.

(E) Notice of hearing. Upon receipt of an appeal, or if notice of insufficiency is given in accordance with this section, upon receipt of an amended appeal within the time specified, the City Clerk shall cause on copy to be stamped indicated the date of receipt. The City Clerk shall set the appeal for hearing and shall give to the appellant and to the officer or employee whose order, citation, decision, or determination is being appealed not less than 15 calendar days written notice of the date, time, and place of hearing. The appellant may waive the 15 calendar days written notice, so long as said waiver is in writing and filed with the City Clerk. The notice of the hearing to the appellant shall include a statement as to the appellant’s rights as provided in this chapter.

(F) Stay of proceedings. Unless otherwise provided by this code, the filing of an appeal shall stay all proceedings in furtherance of the order, citation decision, or determination appealed from until the determination of the appeal as provided herein.

(Ord. 12-101, passed 11-7-2012)

(A) Continuance. At the hearing officer’s discretion or upon good cause shown, the hearing officer may continue the hearing by written notice before the scheduled hearing or orally at or during the hearing.

(B) Hearing. At the hearing, the officer or employee who issued the order, citation, decision, or determination or his or her designee shall present evidence in support of the findings or reasons upon which the order, citation, decision, or determination was based. The appellant, or any individual authorized in writing to represent the appellant, may then present evidence in support of the contentions made in the notice of appeal. The hearing shall be informally conducted.

(C) Rights of parties. The parties and anyone who participates in a hearing may be represented by an attorney or other person of the parties’ choice. The parties have a right to appear, testify, present evidence, examine and cross-examine witnesses, and present written or oral arguments. Additionally, the parties may request and the hearing officer may allow the parties to submit written briefs, either before, during or after the hearing.

(D) Evidence. The rules of evidence provided by state statute in civil and criminal actions shall not apply, except that irrelevant and unduly repetitious evidence may be excluded in the hearing officer’s discretion.

(E) Scope. The scope of the hearing shall be limited to the order, citation, decision, or determination being appealed, the grounds for relief raised in the notice of appeal and any specific requirements of this code.

(F) Burden of proof; burden of evidence. Except where otherwise provided in this code, the burden of proof and production of evidence shall be with the city. Except where otherwise provided in the code, the burden of proof shall be preponderance of the evidence.

(G) Waiver of rights. The failure of the appellant or any interest party to raise an objection to the hearing officer either before or during the hearing of any defect in notice of procedure provided under the code or at law or in equity shall be deemed a waiver of the defect. For purposes of a waiver of objection in this division, defect in procedure shall include a claim that the hearing officer is biased when facts regarding the claimed bias is known or readily discoverable by the appellant or interest party or has been published to the appellant or interest party by the city. An objection of bias of the hearing officer shall be raised to the City Manager.

(H) Failure of appellant to appear. Unless otherwise provided in the code, if the appellant fails to appear for the hearing at the time and place noticed, the hearing officer in his or her discretion may conduct the hearing to a conclusion or may dismiss the appeal. If the appeal is dismissed, the order, citation, decision, determination appealed from shall become final and effective on the date of the hearing. Within ten days from the date of the hearing and upon a showing of good cause, the hearing officer may set aside his or her decision or dismissal upon the appellant’s failure to appear and may reschedule the appeal for hearing.

(I) Recording. The proceedings at the hearing shall be recorded to cassette tape, a CD-ROM, a video tape, a DVD or similar media. In addition to any one of the above, the proceedings may also be recorded by a certified shorthand reporter. If an appellant requests a certified shorthand reporter, the costs of the reporter shall be borne by the appellant.

(J) Communication with hearing officer. Other than at the hearing, there shall be no direct oral communication between the parties and the hearing officer on any matter related to the hearing without both parties being present. Any written communication to the hearing officer by a party shall be copied and served to the other party. This limitation shall not apply to the City Clerk or other designee who shall serve as liaison with the hearing officer.

(K) Record keeper. The city shall maintain the administrative record of the hearing.

(Ord. 12-101, passed 11-7-2012)

(A) Inspection of premises. The hearing officer may inspect the premises involved in the hearing at any time prior to a decision, to investigate or confirm the existence of the violation(s) or conditions which are the subject of the appeal, provided that:

(1) Consent is granted by a person with the lawful right to grant consent or an inspection warrant is obtained;

(2) Reasonable notice of such inspection is given to the owner before the inspection is made;

(3) The parties are given an opportunity to be present during the inspection;

(4) The hearing officer shall place in the record the material facts and the conclusions drawn from the inspection either orally at the time of the hearing or in writing after the hearing; and

(5) Each party then shall have a right to rebut or explain the matters so stated by the hearing officer for the record either at the hearing or by filing a written statement within ten calendar days after the hearing.

(B) Oaths. The hearing officer shall have the power to administer oaths and affirmations.

(C) Procedures. The hearing officer shall have the authority to establish procedures before or during a hearing consistent with this subchapter and the code for purposes of efficiency and order.

(D) Review authority. The hearing officer shall sit as the trier of fact and shall rule on questions of law and admissibility of evidence. The hearing officer may affirm, reverse, modify, or set aside the order, citation, decision, or determination appealed from or may delete or impose conditions as the facts and law warrant. The hearing officer may not increase a penalty or impose a harsher remedy beyond the penalty or remedy imposed under the order, citation, decision or determination being appealed.

(E) Limitations. The hearing officer shall not have authority to waive any requirements of code or law.

(Ord. 12-101, passed 11-7-2012)

(A) Decision. Unless otherwise provided in this code or agreed by the parties, within 15 days of the conclusion of the hearing, after the hearing officer has considered all evidence presented and the relevant standard of review, the hearing officer shall issue a written decision. The decision shall include a statement of the issues, findings of fact, a summary of the relevant evidence, and the order.

(B) Finality. Unless otherwise provided in the code or the hearing officer's decision, the hearing officer’s decision shall be a final agency action for purposed of writ of review.

(C) Effective. Unless otherwise provided in the code or the hearing officer’s decision, the decision shall be effective upon issuance.

(D) Notice of Cal. Code of Civil Procedure § 1094.6. All court action through decisions shall include a notice that the appellant has 90 days to pursue a petition for a writ of administrative mandamus of the decision under Cal. Code of Civil Procedure § 1094.6.

(Ord. 12-101, passed 11-7-2012)

(A) Any act declared by this code to be unlawful is a misdemeanor, unless specified by a particular section that it be made an infraction. Any violation of this code may be prosecuted by the city in the name of the people of the state as a misdemeanor or an infraction, unless specifically directed by a particular section to be prosecuted as an infraction, or the same be redressed by civil action.

(B) Every violation determined to be an infraction is punishable by a fine not exceeding $100 for a first violation; a fine not exceeding $200 for a second violation of the same ordinance within one year; a fine not exceeding $500 for each additional violation of the same ordinance within one year.

(C) Every violation determined to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $1,000 or by both.

(D) To the fullest extent permitted by law, the City Attorney or other prosecuting authority shall have discretion to reduce a misdemeanor violation of this code to an infraction

(1994 Code, § 1.20.010) (Ord. 75-104, passed - -1975; Ord. 89-100, passed - -1989; Ord. 96-102, passed 9-24-1996)

Statutory reference:

For statutory provisions authorizing cities to impose fines up to $1,000 or imprisonment up to six months, or both, see Cal. Government Code § 36901 and Cal. Penal Code § 19