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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-