Yuba County Municipal Code Art. 5 Uniform Hearing Procedures

Abatement hearings and hearings to determine administrative penalties shall be heard by an Administrative Law Judge.

(Prior Code, § 7.36.510; Ord. No. 1303)

If an Administrative Law Judge is unavailable to conduct hearings for any reason, the Board of Supervisors shall conduct nuisance abatement hearings. Should the Board of Supervisors conduct said hearings, all notice provisions and hearing procedures set forth herein shall apply, and the decision of the Board of Supervisors shall be final.

(Prior Code, § 7.36.512; Ord. No. 1303)

Administrative Law Judges shall have the power to conduct the hearing, the power to decide a matter upon which a hearing has been held, the power to make findings of fact and conclusions of law required for the decision, the power to issue subpoenas, the power to receive evidence, the power to administer oaths, the power to rule on questions of law and the admissibility of evidence, the power to continue the hearing from time to time, and the power to prepare a record of the proceedings.

(Prior Code, § 7.36.515; Ord. No. 1303)

In those instances where an Administrative Law Judge is presented with a legal question regarding the interpretation of the provisions of the Yuba County Ordinance Code, the Administrative Law Judge may either: (a) take evidence bearing upon the issue of such interpretation and make his or her decision regarding the intent of the ordinance; or (b) make his or her decision regarding the intent of the ordinance; or (c) request, through the affected Department, an opinion of the Board of Supervisors regarding its interpretation, which Board of Supervisors' opinion shall be incorporated by the Administrative Law Judge in reaching his or her decision.

(Prior Code, § 7.36.520; Ord. No. 1303)

Hearings shall be conducted in a manner suitable to ensure fundamental fairness to all parties concerned, limited by the need to secure relevant information necessary to render a decision without unnecessary delay.

(Prior Code, § 7.36.525; Ord. No. 1303)

The hearing need not be conducted according to technical rules relating to evidence. Any evidence may be presented if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but may be rejected if deemed to be unreliable. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at a hearing. Unduly repetitious or irrelevant evidence shall be excluded at the discretion of the Administrative Law Judge.

(Prior Code, § 7.36.530; Ord. No. 1303)

The Administrative Law Judge shall ordinarily proceed in the following order when conducting hearings:

(1) The Enforcement Official's presentation shall proceed first. It should include identification of the file and property, a summary of the history and matters at issue, a staff analysis of the legal and factual issues involved, permitted uses to which the property was and is subject, and accounting of enforcement costs relating to the property, and a recommended decision.

(2) A presentation by or on behalf of the appellant shall next proceed.

(3) Tenants or other occupants of the subject property shall speak third.

(4) Individuals who are not appealing but own property immediately contiguous to the subject property shall speak fourth.

(5) Other interested parties shall speak fifth.

(6) The appellant shall be entitled to rebuttal.

(Prior Code, § 7.36.535; Ord. No. 1303)

(a) Each speaker shall approach the microphone and give his or her full name and address for the record.

(b) Each speaker's presentation shall be to the point and shall be as brief as possible; visual and other materials may be used as appropriate, but, if used, shall become part of the public record and the property of the County. The Administrative Law Judge may establish a time limit for presentations; provided, however, that at least ten minutes shall be allowed for each speaker. Speakers shall, at the discretion of the Administrative Law Judge, be allowed to speak for longer than ten minutes if that speaker represents a group of individuals, the remainder of which chose not to speak. Speakers with lengthy presentations are encouraged to submit them in writing. There shall be no limitation upon length of written statements.

(c) The Administrative Law Judge shall hear testimony and receive written and/or documentary evidence relating to the alleged violation. The parties may be represented by legal counsel. Testimony shall be taken on oath or affirmation. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues presented; to impeach any witness; and to rebut evidence. Witnesses shall be subject to cross-examination by the Administrative Law Judge.

(d) Subject to the Administrative Law Judge's right to accept a motion to conclude the taking of all testimony or to close the public hearing when a reasonable opportunity to present all questions and points of view has been allowed, any person wishing to speak shall be heard. Except for rebuttal allowed, each speaker shall speak only once.

(e) The Administrative Law Judge shall preserve all photographs and other documentary evidence introduced at the time of the hearing. After all of the testimony is taken, the Administrative Law Judge shall close the public hearing unless he or she deems it necessary to continue the hearing for the receipt of additional evidence or an ordinance interpretation from the Board of Supervisors.

(Prior Code, § 7.36.540; Ord. No. 1303)

At any time before or after the hearing up to the point the hearing is closed by the Administrative Law Judge, any interested party may submit written evidence or argument. In the event the Administrative Law Judge concludes the hearing and continues the decision to another time, the Administrative Law Judge may, in his or her discretion, set a deadline for submission of written argument. Except for the receipt of written argument, no ex parte communications, either direct or indirect, shall be received by the Administrative Law Judge during the period of a continuance or after the public hearing has been closed.

(Prior Code, § 7.36.545; Ord. No. 1303)

Whenever the Administrative Law Judge deems it necessary to take a field trip to view the site in question, the Administrative Law Judge may conduct a site visit. Unless the site visit is tape recorded, the Administrative Law Judge shall not talk to any members of the public during the conduct of such site visit. After the conduct of a site visit, the Administrative Law Judge shall place into the record the visual observations made and the conclusions drawn as a result of such visit.

(Prior Code, § 7.36.550; Ord. No. 1303)

All proceedings shall be recorded by mechanical means. If a verbatim transcript is desired, the person requesting the transcript shall have the responsibility for arranging for the appearance of a court reporter to transcribe the hearing. In the event that a court reporter is present at the request of an interested party, the party retaining the court reporter shall provide a copy of the reporter's written transcript to the Administrative Law Judge at no charge to the County.

(Prior Code, § 7.36.555; Ord. No. 1303)