Sonoma Municipal Code Art. III Administrative Hearing Procedures

The purpose of the hearing is to provide a review of the administrative notice and order by a hearing officer and an opportunity to the person subject to a notice and order to object to the determination that a violation has occurred and/or that the violation has continued to exist or that a public nuisance exists. The hearing officer shall only consider evidence that is relevant to the determination of facts contained in the administrative notice and order and whether a public nuisance as defined under this code exists. (Ord. 03-2018 § 3 (Exh. C), 2018; Ord. 02-2005 § 3, 2005).

A. The city manager shall appoint one or more individuals as the hearing officer for administrative hearings held pursuant to this chapter.

B. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative notice and order penalties upheld by the hearing officer.

C. The hearing officer shall not be a city employee or an appointed city official. (Ord. 03-2018 § 3 (Exh. C), 2018; Ord. 02-2005 § 3, 2005).

A. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery need not apply. The city manager or his/her designees may from time to time adopt procedure, and format, for the administrative hearing.

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

C. The burden of proof in an administrative hearing is to be supported by a preponderance of the evidence.

D. The hearing officer shall hear and consider all relevant evidence, including but not limited to applicable staff reports, oral, physical, and documentary evidence regarding the alleged violation, proposed method of abatement, and the administrative costs incurred by the city.

E. Each witness, prior to testifying, shall be sworn by the hearing officer or a clerk designated by the hearing officer.

F. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party’s cause.

G. The failure of a responsible party named in an administrative notice and order to appear at the administrative notice and order hearing shall constitute a failure to exhaust the party’s administrative remedies.

H. On its own motion or on the motion of either party, the hearing officer may continue the hearing for good cause; provided, that notice is given to each party. The notice shall include the time, date and place to which the hearing is continued.

I. City staff has the right to withdraw any item from the administrative hearing agenda. (Ord. 03-2018 § 3 (Exh. C), 2018; Ord. 02-2005 § 3, 2005).

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall, within 45 days, file a written decision with the code enforcement officer. The decision is to be entitled “administrative enforcement order” and shall either uphold or cancel the administrative notice and order as to each named responsible party. The decision shall list the finding in support of the decision and the imposition of the administrative fine or penalty. If the hearing officer finds that a public nuisance exists then the written decision shall also include all of the following: (1) a description of the nuisance, which if based upon a violation of this code shall identify the provision being violated; (2) factual findings and determinations supporting the decision; (3) an order to correct or abate the nuisance by a certain date, which if not complied with shall direct that the city take those steps necessary to enter onto the property and abate the nuisance at the cost of the property owner through a special assessment or lien as provided under Chapter 1.12 SMC.

B. The hearing officer shall serve the administrative enforcement order on each party; when the administrative enforcement order is served on the code enforcement officer, the order shall be final.

C. When the administrative enforcement order cancels the administrative notice and order as to a responsible party, the case shall be terminated as to that party.

D. When the administrative enforcement order upholds the administrative notice and order as to one or more responsible parties, the hearing officer shall impose and assess the prescribed fine and/or penalty against each responsible party. When the administrative enforcement order directs that the nuisance be corrected or abated it shall also impose and assess administrative costs against each responsible party. When the administrative enforcement order directs the abatement of a violation, including a nuisance, the violation may be corrected or abated as authorized within this chapter or as otherwise permitted by law.

E. The administrative enforcement order shall include notice to the responsible party that the administrative costs may become the subject of a lien against the property where the violations occurred if a nuisance is determined to exist and payment is not received within 30 days of the date of the final order. The administrative enforcement order shall also state the penalty for any late payment and that, if the violation continues, the responsible party may be subject to additional penalties authorized by law. The administrative enforcement order shall also state that fines and any penalty for late payment shall be collectible as set forth under SMC 1.28.100 and shall include a restatement of that section.

F. Failure to Commence Work. Whenever the required repair or demolition of a substandard building or structure is not commenced within 30 days after any final administrative enforcement order issued under this chapter becomes effective:

1. The code enforcement officer shall cause the building, structure, or other property described in such order to be vacated by posting at each entrance thereto a notice reading:

SUBSTANDARD BUILDING

DO NOT OCCUPY

It is a misdemeanor to occupy this building, or to remove or deface this notice.

Code Enforcement Officer

City of Sonoma.

2. No person shall occupy any building that has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the code enforcement officer has been completed and, where applicable, a certificate of occupancy issued pursuant to the provisions of the building code.

3. Code enforcement officers are authorized to enter upon any property or premises within the city to abate, repair, or demolish any building, structure, or other property pursuant to an administrative enforcement order. If an owner, occupant, or agent refuses permission to enter, inspect, abate, repair, or demolish any thing described in such order, the code enforcement officer may seek an administrative inspection warrant pursuant to the procedures provided for in California Code of Civil Procedure Section 1822.50 et seq., as may be amended from time to time.

4. The code enforcement officer may, in addition to any other remedy herein provided, cause the building, structure, or other property to be repaired to the extent necessary to correct the conditions that render the building substandard as set forth in the administrative enforcement order; or, if the administrative enforcement order required demolition or abatement, to cause the building, structure, or other property to be sold and demolished; or, to be demolished, and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot shall be paid over to the person or persons lawfully entitled thereto. (Ord. 03-2018 § 3 (Exh. C), 2018; Ord. 02-2005 § 3, 2005).

The city may collect any past due penalty assessed in the administrative enforcement order by all available legal means. (Ord. 03-2018 § 3 (Exh. C), 2018; Ord. 02-2005 § 3, 2005).

Notwithstanding the provisions of Chapter 1.24 SMC or California Code of Civil Procedure Section 1094.5 or 1094.6, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with California Government Code Section 53069.4 regarding the imposition, enforcement or collection of the administrative fines or penalties, any person contesting the fine in the final administrative order or decision made pursuant to this chapter may seek review by filing an appeal to be heard by the superior court. The right to appeal is limited to the terms and conditions set out in California Government Code Section 53069.4. In the event that a copy of the notice of appeal is served in person or by first-class mail upon the city of Sonoma by the contestant-appellant pursuant to the appeal to the superior court, the time for payment shall be suspended from the date of said service until the judgment of the court is final. Any finding in an administrative enforcement order that a nuisance exists and any order made within an administrative enforcement order to abate or correct the nuisance shall constitute a final, administrative determination, not be appealable, and shall be subject to judicial review in the superior court by filing with the court a petition for writ of mandate pursuant to the provisions and time limits set in Code of Civil Procedure Section 1094.6. (Ord. 03-2018 § 3 (Exh. C), 2018; Ord. 02-2005 § 3, 2005).

Any person, entity, association, or organization aggrieved by a willful violation of any provision of this chapter, where the owner(s) of a property has failed or refused to correct and/or abate a violation under this chapter for 40 days after the administrative enforcement order becomes final, shall have the right to file an action and/or proceeding for injunctive relief and damages against the owner(s) of such property. Any person, entity, association, or organization which prevails or is successful in any such action or proceeding shall be entitled, in addition to any other relief, to recover all reasonable costs, expenses and attorneys’ fees incurred in such action or proceeding. Treble damages also shall be awarded for such willful failure to comply with this chapter. (Ord. 03-2018 § 3 (Exh. C), 2018; Ord. 02-2005 § 3, 2005).