SEC. 1-076. ADMINISTRATIVE HEARING PROCEDURES:
This Division establishes the procedures for the use of Administrative Hearing
Officers and the procedures governing administrative hearings.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-077. QUALIFICATIONS OF ADMINISTRATIVE HEARING OFFICER:
The City Manager shall promulgate rules and procedures as are necessary to
establish a pool of qualified persons who are capable of acting on behalf
of the City as Hearing Officers.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-078. APPOINTMENT OF ADMINISTRATIVE HEARING OFFICER:
Hearing Officers presiding at administrative hearings shall be appointed and
compensated by the City Manager. The City Manager shall develop policies
and procedures relating to the appointment and compensation of Hearing Officers.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-079. DISQUALIFICATION OF HEARING OFFICER:
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 Manager.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-080. POWERS OF HEARING OFFICER:
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 (5) days before the hearing, shall subpena 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 subpena, including witness and mileage fees shall be borne by
the party requesting the subpena. The City Manager shall develop policies and
procedures relating to the issuance of subpoenas in administrative hearings,
including the form of the subpena 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.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-081. FAILURE TO OBEY SUBPENA:
It is unlawful for any person to refuse to obey a subpena issued by a Hearing
Officer. Failure to obey a subpena constitutes contempt and may be prosecuted
as a misdemeanor.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-082. PROCEDURES FOR REQUESTING AN APPEALS HEARING:
A. A person served with any one of the following documents, orders or notices
may file an appeal provided that such appeal is filed within ten (10) calendar
days from the service of the notice or document, and payment of the required
hearing fee is made:
1. Any Civil Penalty Notice and Order;
2. An Administrative Citation issued pursuant to this Code.
3. A Notice of Intent to Record a Notice of Violation:
4. A Notice of Intent to Abate, including Vehicle Abatement; or
5. A Notice and Order to Vacate with or without Relocation Fees;
6. A Notice of Confirmation of Costs hearing;
7. A Decision of the Public Works Director made pursuant to Chapter 7, Part
II, Division 1, section 7-051.9, of this Code.
8. A Decision of the Public Works Director made pursuant to Chapter 7, Part
II, Division 2, section 7-077.22, of this Code.
B. The appeal shall be made in writing, setting forth the grounds of the appeal,
and filed with the Director on or before the tenth day after service.
(Amended by Ordinance 004-03 C.S. – Effective February 20, 2003) (Amended
by Ordinance 021-00 C.S. – Effective September 14, 2000) Amended by Ordinance
003-98C.S. — Effective February 12, 1998) (Added by Ordinance 033-96C.S. — Effective
October 23, 1996)
SEC. 1-083. PROCEDURES FOR NOTIFICATION OF ADMINISTRATIVE HEARING:
A. Where an administrative remedy or proceeding provides for an appeal procedure,
the Director shall request the City Manager to appoint a Hearing Officer
and to schedule a day, time and place for the hearing.
B. Written notice of the time and place of the hearing shall be served at least
ten (10) calendar days prior to the date of the hearing to the Responsible
Person.
C. The format and contents of the hearing notice shall be in accordance with
rules and policies promulgated by the City Manager.
D. The notice of hearing shall be served by any of the methods of service listed
in Section 1-018 of this Code.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-084. PROCEDURES AT ADMINISTRATIVE HEARING:
A. Administrative hearings are intended to be informal in nature. Formal rules
of evidence and discovery do not apply. The procedure and format of the administrative
hearing shall follow the procedures promulgated by the City Manager.
B. The City bears the burden of proof at an administrative hearing to establish
the existence of a violation of the Municipal Code or applicable state codes.
C. The standard of proof to be used by the Hearing Officer in deciding the
issues at an administrative hearing is by a preponderance of the evidence.
D. Each party shall have the opportunity to cross-examine witnesses and present
evidence in support of his or her case.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-085. FAILURE TO ATTEND ADMINISTRATIVE HEARING:
Any Responsible Person who requests a hearing or whose actions are the subject
of an administrative hearing and who fails to appear at the hearing is deemed
to waive the right to a hearing and the adjudication of the issues related
to the hearing, provided that the hearing was properly noticed.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-086. ADMINISTRATIVE ORDER:
A. The decision of the Hearing Officer shall be entitled "Administrative
Order" and shall be issued in accordance with the rules and procedures
promulgated by the City Manager.
B. Once all evidence and testimony are completed, the Hearing Officer shall
issue an Administrative Order which affirms, modifies or rejects the Director's
action. In the case of a Notice and Order of civil penalty, the administrative
order may affirm, modify or reject the daily rate or duration of the civil
penalties depending upon the review of the evidence and may increase or decrease
the total amount of civil penalties and costs assessed.
C. The Hearing Officer may issue an Administrative Order that requires the
Responsible Person to cease from violating the Municipal Code or applicable
state codes and to make necessary corrections within a specific time frame.
D. As part of the Administrative Order, the Hearing Officer may establish specific
deadlines for the payment of penalties and costs and condition the total or
partial assessment of civil penalties on the Responsible Person's ability to
complete compliance by specified deadlines.
E. The Hearing Officer may issue an Administrative Order which imposes additional
civil penalties that will continue to be assessed until the Responsible Person
complies with the Hearing Officer's decision and corrects the violation.
F. The Hearing Officer may schedule subsequent review hearings as may be necessary
or as requested by a party to the hearing to ensure compliance with the Administrative
Order.
G. The Administrative Order shall become final on the date of service of the
order.
H. The Administrative Order shall be served on all parties by any one of the
methods listed in Section 1-018 of the Municipal Code.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-087. JUDICIAL REVIEW:
Once an Administrative Order becomes final as provided in this Division, the
time in which judicial review of the order must be sought shall be governed
by California Code of Civil Procedure Section 1094.6 or as may be amended
hereafter.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-088. FAILURE TO COMPLY WITH THE ADMINISTRATIVE ORDER, MISDEMEANOR:
A. After the Hearing Officer issues an Administrative Order, the Director shall
monitor the violations and determine compliance.
B. Upon the failure of the Responsible Person to comply with the terms and
deadlines set forth in the Administrative Order, the Director may use all appropriate
legal means to recover the civil penalties, administrative costs and obtain
compliance with the Administrative Order including seeking an injunction.
C. Failure to comply with an Administrative Order constitutes a misdemeanor.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
Stockton,
CA 
