§ 12B-12. Appeal hearing.

(a)

At the time set for hearing, the hearing officer shall proceed to hear the testimony of the city manager or his/her designee, the owner, and other competent persons respecting the condition of the premises, and other relevant facts concerning the matter.

(b)

The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense. Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended.

(c)

The hearing officer may, upon request of the owner of the premises or upon request of the city manager or his/her designee, grant continuances from time to time for good cause shown, or upon his or her own motion.

(d)

Government Code of the State of California, Section 11513, subsections (a), (b) and (c), as presently written or hereinafter amended, shall apply to hearings under this chapter.

(e)

Each party may represent themselves, or be represented by anyone of their choice. If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.

(f)

In reaching a decision, official notice may be taken by the hearing officer, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city.

(g)

The hearing officer may inspect the premises involved in the hearing prior to, during or after the hearing, provided that:

(1)

Notice of such inspection shall be given to the parties before the inspection is made;

(2)

The parties are given an opportunity to be present during the inspection; and

(3)

The hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

(Ord. No. 428, § 1.)