Santa Ana Municipal Code § 3-7 Report of the hearing officer

Footnotes:

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Cross reference— City council; 2-100 et seq.; uniform code appeals board; 2-450 et seq.

Except as otherwise provided in this chapter or in other provisions of this Code, the procedures of this chapter shall apply to specified hearings, whether on matters of initial application or on appeal from the decision of city officials, boards or commissions.

(Ord. No. NS-1235, § 1, 12-9-74; Ord. No. NS-2792, § 2, 8-17-09)

(1) Initial application. Whenever an applicant is entitled by this Code to apply for initial determination of a matter, he shall submit his application in writing to the clerk of the council. The clerk shall determine that the application is in complete and correct form and may refer it to any appropriate city department for advice and assistance in making such determination. Thereafter, the city manager or designee shall appoint a hearing officer to consider applications in specific types of matters and fix a time and place for a hearing to be held not less than five (5) nor more than sixty (60) days after receipt of the application. The clerk shall notify the applicant by mail at the address provided by the applicant of the date on which the matter will be heard.

The hearing officer may but need not be a city employee. The clerk shall assume responsibility for such publication of notice of the hearing as may be required by law. If a hearing officer is appointed, the hearing shall be conducted in accordance with this Code.

If any provision of law requires that public notice of the hearing be given, the clerk shall cause such notice to be given so that the hearing may be scheduled within the time required by this section.

(2) Appeal from action of city official, board or commission. Whenever an applicant is entitled under this Code or any other provision of law to appeal from an adverse determination in a matter made by a city official, board or commission and desires to so appeal, he shall, within ten (10) days after he has been notified of that determination, submit a notice of appeal to the clerk of the council and a copy thereof to the person or the chairman of the body whose decision is being appealed.

The notice of appeal shall be addressed to the clerk of the council and shall specify the subject matter of the appeal, the official or body whose decision is appealed, the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested and the name and address of the appellant.

Thereafter, the city manager or designee shall appoint a hearing officer to consider appeals in specific types of matters and fix a time and place for a hearing to be held not less than five (5) nor more than sixty (60) days after receipt of the appeal. The clerk shall notify the appellant by mail at the address provided by the appellant of the date on which the matter will be heard.

The hearing officer may but need not be a city employee. If a hearing officer is appointed, the hearing shall be conducted in accordance with this Code.

(Ord. No. NS-1235, § 1, 12-9-74; Ord. No. NS-2165, § 1, 7-6-92; Ord. No. NS-2792, § 3, 8-17-09)

By resolution, the council may require the payment of a fee to cover the administrative costs incurred by the clerk of the council in carrying out the provisions of this chapter.

(Ord. No. NS-1235, § 1, 12-9-74; Ord. No. NS-2165, § 2, 7-6-92)

Editor's note— Ord. No. NS-2165, § 3, adopted July 6, 1992, repealed § 3-3.1, which pertained to a hearing before city council and derived from Ord. No. NS-1235, § 1, adopted Dec. 9, 1974.

A hearing officer appointed pursuant to section 3-2 may receive and rule on the admissibility of any evidence, hear testimony under oath, and call witnesses as he may deem advisable with respect to the conduct of hearings.

(Ord. No. NS-1235, § 1, 12-9-74; Ord. No. NS-2165, § 4, 7-6-92)

Unless otherwise specifically provided by law, the burden is on the applicant/appellant in any hearing under this chapter to prove that he is entitled to that for which he is applying under section 3-2(1) or that the determination of the official or body which he is appealing under section 3-2(2) is unreasonable, erroneous or clearly abusive of discretion.

(Ord. No. NS-1235, § 1, 12-9-74)

The hearing officer shall not be bound by the traditional rules of evidence in hearings conducted under this chapter.

(Ord. No. NS-1235, § 1, 12-9-74; Ord. No. NS-2792, § 4, 8-17-09)

The hearing officer shall within a reasonable time not to exceed thirty (30) days from the date the hearing is closed submit a written report to the clerk of the council. Such report shall contain a brief summary of the evidence considered and state the hearing officer's findings, conclusions and recommendations. The report shall also contain a final decision in the matter. All such reports filed with the clerk shall be matters of public record. A copy of each such report of final decision shall be mailed by certified mail to the applicant/appellant within five (5) days of receipt by the clerk and a further copy shall be sent to the city department, board or commission most directly concerned with the subject of the report.

(Ord. No. NS-1235, § 1, 12-9-74; Ord. No. NS-2165, § 5, 7-6-92; Ord. No. NS-2792, § 5, 8-17-09)

Editor's note— Ord. No. NS-2792, §§ 6—8, adopted August 17, 2009, repealed the former sections 3-8—3-10 in their entirety, which pertained to the consideration of hearing officer's report by council notice, exceptions to hearing officer's report, and action by council upon consideration of hearing officer's report, respectively, and derived from Ord. No. NS-1235, § 1, adopted December 9, 1974, and Ord. No. NS-2165, § 6, adopted July 6, 1992.

The provisions of this chapter shall not apply to:

(1) Hearings to consider the master plan or the general plan.

(2) Hearing to determine whether public convenience and necessity require acquisition of property for public use.

(3) Hearings to consider parcel maps.

(4) Hearings to review or consider on appeal any action of the planning commission or zoning administrator.

(Ord. No. NS-1235, § 1, 12-9-74; Ord. No. NS-2165, § 7, 7-6-92)

Hearings before boards and commissions other than the hearing officer appointed pursuant to section 3-2 are not required to be conducted in accordance with provisions of this chapter. However, any board or commission may, with respect to any individual application or appeal submitted to it, by simple motion elect to proceed by use of the hearing officer procedure established herein. When such election has been made, the board or commission shall act in the manner prescribed for the hearing officer and the secretary of the board or commission shall act in the manner prescribed for the clerk of the council.

(Ord. No. NS-1235, § 1, 12-9-74; Ord. No. NS-2792, § 9, 8-17-09)

Editor's note— Ord. No. NS-2792, § 9, adopted August 17, 2009, changed the title of section 3-12 from "Applicability of this chapter to hearings before bodies other than the city council."

All references in this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager or any board or commission of the city, or any agency or body controlled by the city, or in any document whatsoever, to an appeal to the city council pursuant to the terms of chapter 3 shall be deemed references to the current chapter 3 appeal process as amended.

(Ord. No. NS-2792, § 10, 8-17-09)