Sonora Municipal Code § 1.24 Appeals and Judicial Review

This chapter is intended as the sole means to appeal, or seek judicial review of, the issuance of any administrative citation pursuant to Sonora Municipal Code Chapter 1.20, any notice and order pursuant to Sonora Municipal Code Title 15, and from any final decision or ruling resulting from a department-level review or appeal, including decisions of the city administrator and his or her designee(s), except as otherwise expressly provided by law or the Sonora Municipal Code.

(Adopted by Ord. 852 on 5/20/2019.)

A hearing officer, designated and appointed by the city administrator as set forth in this chapter, shall be the initial hearing body for all appeals in accordance with this code. The city council shall hear all appeals of a hearing officer's decision pursuant to Section 1.24.160.

(Adopted by Ord. 852 on 5/20/2019.)

To the extent this chapter conflicts with any quasi-judicial appeal procedure for administrative citations and notices of violation already set out in the Sonora Municipal Code, the procedures in this chapter shall control.

(Adopted by Ord. 852 on 5/20/2019.)

The city administrator, or his or her designee, shall designate and appoint a qualified person or persons who are capable of acting on behalf of the city as hearing officer(s). Hearing officer(s) shall not be city employees with supervisory powers over anyone in the city department which issued a citation or decision, which is the subject of the appeal. If no city staff member is capable of conducting the hearing, the city administrator may retain hearing officer(s) to preside at administrative hearings and may be compensated by the city. The city administrator shall develop policies and procedures relating to the appointment and compensation of hearing officers.

(Adopted by Ord. 852 on 5/20/2019.)

Any person designated to serve as a hearing officer is subject to disqualification 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 hearing officer shall be promulgated by the city administrator.

(Adopted by Ord. 852 on 5/20/2019.)

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

B. The hearing officer with any financial interest in the subject matter or who would otherwise be finally impacted by the resolution of the appeal, shall recuse themselves from the particular appeal.

(Adopted by Ord. 852 on 5/20/2019.)

A. The hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.

B. The hearing officer, upon receipt of a written request which is submitted no later than five days before the hearing, shall subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees shall be borne by the party requesting the subpoena. The city administrator shall develop policies and procedures relating to the issuance of subpoenas in administrative hearings, including the form of the subpoena and related costs.

C. The hearing officer has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist, granting a new hearing.

D. The hearing officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative order.

(Adopted by Ord. 852 on 5/20/2019.)

A. The appellant shall file with the city administrator, or their designee, a request for appeal within the time limits provided by law, by ordinance for the filing of such an appeal, or, if none are otherwise specified, within fifteen days after the city's service of the final departmental decision being appealed.

B. The request for appeal shall specify the name, mailing address and telephone number of the appellant and such other information required by law or by ordinance to be provided with the appeal. The appellant shall also attach a written statement specifying in detail the grounds for the appeal and attach a copy of the decision or order being appealed.

C. The request for appeal shall be accompanied by a fee in the amount established by resolution of the city council, unless payment of the fee is deferred or waived in accordance with Sonora Municipal Code Section 1.24.190.

(Adopted by Ord. 852 on 5/20/2019.)

The city administrator, or their designee, shall reject for filing any request for appeal that does not substantially comply with the requirements of Sonora Municipal Code Section 1.24.080, including, but not limited to, the payment of any required fee. The city administrator, or their designee, shall serve either by personal service or by first class certified mail, return receipt requested, a notice rejecting the appeal request to the appellant at the address specified in the request for appeal. The notice rejecting appeal request shall specify the reason(s) for the rejection of the appeal. The appellant shall be afforded the opportunity to correct the identified defect(s) within ten business days following the date the city mailed the notice rejecting the appeal request. The corrected request for appeal must be received by the city administrator or their designee on or before the tenth business day, or the appeal deadline is deemed expired. In such an event, the underlying departmental decision will be considered final, the alleged violations deemed admitted, and any accrued fines immediately due and payable.

(Adopted by Ord. 852 on 5/20/2019.)

After the city administrator or their, designee, accepts a request for appeal that meets the requirements of this chapter, he or she shall set the date, time, and place for the hearing to take place no later than thirty days after such acceptance.

(Adopted by Ord. 852 on 5/20/2019.)

Notice indicating the time, place and date of the administrative appeal hearing shall be served by the city administrator or designee upon the appellant either personally or by delivering a copy by first class certified mail, return receipt requested, or such other delivery method that is reasonably calculated to provide actual notice to the appellant, not less than fifteen days prior to the hearing date. The notice, which shall be called the notice of hearing, shall include a list of alleged code violations and any procedures applicable to the hearing, including notice of when written testimony must be submitted to the hearing officer or city council.

(Adopted by Ord. 852 on 5/20/2019.)

The hearing officer or city council is authorized to take testimony. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. However, each party shall have the right to present testimony and documentary, and physical evidence on his/her/its behalf and shall have the right to examine any witnesses and rebut any evidence presented against him, her or it. The city shall have the burden of proving the existence of the violation by a preponderance of evidence. The hearing officer or city council may promulgate by resolution additional rules and procedures for the conduct of appeal hearings.

(Adopted by Ord. 852 on 5/20/2019.)

A continuance may be granted at the discretion of the hearing officer or city council. The hearing officer or city council shall continue to have jurisdiction over the subject matter of an administrative appeal for the purposes of granting a continuance, ensuring compliance with a quasi-judicial administrative appeal decision, modifying an administrative appeal decision, or where extraordinary circumstances exist, granting a new hearing. The party requesting the continuance bears the burden of proof to demonstrate why a continuance should be granted, and the opposing party shall be given the opportunity to respond.

(Adopted by Ord. 852 on 5/20/2019.)

Failure of the appellant to either abate the conditions specified in the department-level decision and/or citation(s) issued pursuant to Sonora Municipal Code Chapter 1.08, and timely pay any accrued fines, or to appear at the hearing after notice of hearing has been served, shall be deemed a waiver of the right to a hearing and an admission by such owner or responsible party of the existence of the violations of the Sonora Municipal Code as specified or referenced by the notice of hearing. In such an event, the underlying department decision and/or allegations in the notice of violation issued pursuant Chapter 1.08 and/or citation issued pursuant to Chapter 1.08 become final.

(Adopted by Ord. 852 on 5/20/2019.)

A. After considering all of the testimony and evidence submitted at the appeal hearing, the hearing officer or city council shall issue a written appeal decision. The written appeal decision of the hearing officer or city council shall be issued as soon as practical and preferably within ten days of the close of the hearing.

B. The administrative appeal decision shall become final on the date the city administrator and/or his designee serves the appeal decision. The city administrator, or their designee, shall serve one copy on the appellant. The city administrator, or their designee, shall file a copy of the appeal decision with the appropriate department director. The appeal decision shall be served either by personal service or by first class certified mail, return receipt requested.

(Adopted by Ord. 852 on 5/20/2019.)

Any person aggrieved by a decision of a hearing officer made pursuant to this chapter may obtain review of the administrative decision by filing an appeal with the city council. The appeal shall follow the requirements and procedures set forth in this chapter.

(Adopted by Ord. 852 on 5/20/2019.)

The procedures set forth under this chapter shall not apply to decisions made by city council. Decisions made by the city council are final and shall not be subject to appeal, except as otherwise provided in this code, state law, or by judicial proceedings in accordance with applicable law.

(Adopted by Ord. 852 on 5/20/2019.)

A. After the hearing officer or city council issues an appeal decision, the enforcement officer or their designee shall monitor violations and determine compliance.

B. Upon the failure of a party to comply with the terms and deadlines set forth in the appeal decision, the enforcement officer, or his or her designee, may use all appropriate legal means to recover all civil penalties and administrative costs and to obtain compliance with the administrative appeal decision, which includes seeking an injunction.

(Adopted by Ord. 852 on 5/20/2019.)

A. The city administrator, or his or her designee, may defer or waive the payment of a fee required for filing an appeal as specified in Sonora Municipal Code Section 1.24.080.

B. Any person who willfully provides the city administrator, or their designee, with false statements of material facts in an application for a fee deferral is guilty of a misdemeanor which shall be enforced pursuant to the provisions of Sonora Municipal Code Chapter 1.08.

C. The decision of the city administrator, or his or her designee, on the deferral or waiver of fees shall be final and conclusive, and there shall be no appeal from this decision.

(Adopted by Ord. 852 on 5/20/2019.)

The hearing officer or city council shall cause all testimony to be tape-recorded and/or otherwise documented. A certified court reporter will not normally be provided. Any party may provide for a certified court reporter and obtain a transcript of the proceedings at his/her/its own expense. If such a court reporter is provided, any other party has the right to obtain a copy of the transcript of the proceedings from the court reporter at the requesting party's expense.

(Adopted by Ord. 852 on 5/20/2019.)

Once an order becomes final as provided in this chapter, any person directly aggrieved by the appeal decision must first pay the full amount owed to the city plus any applicable penalties and interest. The aggrieved individual then may seek judicial review of the decision by filing a petition for review with the Superior Court of Tuolumne County. Pursuant to the provisions of Section 1094.6 of the Code of Civil Procedure, the provisions of said section are made applicable to the decisions of all commissions, boards, officers and agents of the City of Sonora, except where a limitation of actions is otherwise provided by this code.

(Adopted by Ord. 852 on 5/20/2019.)

Judicial review of any decision that is subject to the provisions of this chapter and Section 1094.6 of the Code of Civil Procedure may be had only if the petition for judicial review is filed within ninety days after the decision becomes final; provided that, pursuant to the provisions of Section 1094.6(d) of the Code of Civil Procedure, if the petitioner files a request for the record within ten days after the date, the decision becomes final. The time within which a petition for judicial review may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed by first class certified mail, return receipt requested, to the petitioner or his attorney of record, if he or she has one.

(Adopted by Ord. 852 on 5/20/2019.)

A. As provided in said Section 1094.6 of the Code of Civil Procedure, any person who requests preparation of the administrative record shall be responsible for payment of the actual costs of transcribing or otherwise preparing the record. Actual costs shall include, but not be limited to: the salary and fringe benefit rates of pay by the city to personnel for time consumed in typing a transcript and reproducing, assembling and compiling the transcript and exhibits; the unit cost (including prorated rental) of equipment utilized in reproduction; the cost of materials and supplies; and the cost to the city of having a transcript typed when testimony has been recorded by a court reporter. Each board, commission, officer, employee or agent whose decision will be subject to the limitations established by this chapter may, from time to time, by resolution in the case of such boards and commissions and by written order in the case of such officers, employees and agents, determine and promulgate unit costs of preparing the record.

B. Before commencing preparation of a transcript or other record, the officer or employee responsible for preparation shall estimate the actual total cost. Preparation of the record shall not be commenced until the person requesting preparation of the record has deposited the full amount of the cost estimate.

C. If the deposit exceeds the actual cost, the difference shall be refunded. If the actual cost exceeds the estimate, the difference shall be paid when the record is delivered.

D. The limitations of action period shall not be extended, pursuant to the provisions of Section 1094.6(d) of the Code of Civil Procedure or Sonora Municipal Code Section 1.24.220, beyond ninety days after the decision becomes final, unless the petitioner deposits pursuant to the provisions of subsection B of this section the estimated actual total cost of preparing the transcript within ten days after he has been furnished with the written estimate of such cost.

(Adopted by Ord. 852 on 5/20/2019.)