Ordinance Number 449216
ORDINANCE NO. 449
ADMINISTRATIVE HEARINGS PROCEDURES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 6 TO TITLE 1 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment.
Chapter 6 is added to Title 1 of the San Juan Capistrano
Municipal Code to read as follows:
"CHAPTER 6 HEARING PROCEDURES
"Section 1-6.01
Adjudicative Hearings.
"All hearings before the City Council or any
Commission, Board, Committee or Officer of the City of San
Juan Capistrano where findings of fact are required shall be
held in the manner hereinafter set forth.
Section 1-6.02. Notice of Hearing.
"Notice of the time, date, and place of hearing
shall be mailed to all parties at least ten (10) days prior
to the date of hearing.
"Section 1-6.03. Procedures.
"For the purpose of said hearing, the City Council
may appoint any qualified hearing officer to take evidence
and summarize the evidence presented and report the findings
and rbcommendations based on such evidence to the City
Council; or the Council, Board, Commission, Committee or
Officer may itself take such evidence. The City Council
may adopt such other rules and procedures as it determines
may be necessary by resolution.
"Section 1-6.04. Evidence.
"The following rules of evidence shall apply:
"(1) Oral evidence shall be taken only on oath or
affirmation.
"(2) Each party shall have these rights: To call
and examine witnesses, to introduce exhibits,
to cross-examine opposing witnesses covered
in the direct examination, to impeach any
witness regardless of which party first
called for testimony, and to rebut the
evidence. If respondent does .not testify, in
his or her own behalf, respondent may be called
and examined as if under cross-examination.
"(3) The hearing need not be conducted according
to technical rules relating to evidence and
witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on
which responsible 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
79
217
admission of such evidence over objection in
civil actions. Hearsay evidence may be used
for the purpose of supplementing or explaining
any direct evidence but shall not be
sufficient in itself to support a finding
unless it would be admissible over objection
in civil actions. The rules of privilege
shall be effective to the same extent that
they are now or hereafter may be recognized
in civil actions, and irrelevant and unduly
repetitious evidence shall be excluded.
"The Mayor shall, at the request of the issuing
officer or the applicant, or their attorneys,
issue subpoenas or subpoenas duces tecum to compel
the attendance of witnesses at said hearing."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 3. City Clerk's Certification
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 16th day of
February , 1982 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Bland, Buchhe'im,
and Mayor Schwartze.
NOES: None
ABSENT: Councilman Friess
P ILLIP . SCHWARTZE, MAY
ATTEST:
1 .f /�It awl
pf
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 449 which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on February 2, 1982 , and adopted at
a meeting held on February 16 X58?
(SEAL) ;x-
MARY ANN LOVE , CITY CLERK
-2-