HomeMy WebLinkAboutResolution No. 77240 0
RESOLUTION NO. 7724
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA ESTABLISHING RULES FOR CONDUCT OF REAL
PROPERTY NUISANCE APPEAL HEARINGS BEFORE THE CITY
COUNCIL
WHEREAS, Azusa Municipal Code Chapter 15.08
establishes standards for determining whether real property
is a public nuisance; and
WHEREAS, Azusa Municipal Code Sections 15.08.070,
15.08.080 and 15.08.110 provide for appeals to the City
Council of certain actions of the City Administrator; and
WHEREAS, Section 15.08.080E requires that the City
Council adopt by resolution, rules for the conduct of said
hearings; and
WHEREAS, the rules adopted pursuant to this
resolution are fair and reasonable;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF AZUSA AS FOLLOWS:
SECTION 1. Hearings before the City Council of the
City of Azusa pursuant to Chapter 15.08 of the Azusa
Municipal Code shall be governed by the following
procedures:
A. Burden of Proof. The burden of proof in such
appeal hearings shall be upon the Community
Development Director (which position is the
successor to the positions of Director of Public
Works and Director of Planning and Community
Development and shall be referred to hereinafter as
"Director").
B. Attendance of City Employees. Upon written
request of the appellant made to the City
Administrator, with a copy to the City Clerk, at
least three (3) working days prior to the hearing
date the City Administrator shall cause the City
employees designated therein to be available for
testimony at the hearing. The City shall bear the
cost of City employees' attendance unless the City
Council determines that the appellant's request was
made without substantial justification, in which
case the appellant shall bear the expense of the
employees' attendance.
C. Witness Subpenas. Upon written request of the
appellant or the Director, the City Clerk shall
issue subpenas in the name of the City and attested
to by the City Clerk to such persons as requested
by the appellant or Director for testimony or for
the production of evidence or documents. Subpenas
may be served by any person over the age of 18
years and not an employee, spouse, sibling, parent
or child of the appellant. A declaration under
penalty of perjury describing the date, time, and
location of the service of the subpena, as well the
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I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Azusa, at a
regular meeting thereof, held on the 17th day of June
1985, by the following vote of the Council:
AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
COUNCI
DEPUTY CITY
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name, age, address and phone number of the server
of the subpena, shall be filed with the City Clerk
prior to the testimony of the witness supenaed.
D. Hearing Procedures. The hearing before the
City Council shall be informal in nature. The
Director or his designated representative shall
first call such witnesses and present such evidence
as he deems appropriate. The appellant or his
designated representative shall then call such
witnesses and present such evidence as he deems
appropriate. The Director shall have the
opportunity to present rebuttal evidence.
E. Evidence. The City Council may receive and
consider such oral, written and physical evidence
as is relevant to the issues of the appeal and is
the sort of evidence upon which responsible persons
are accustomed to rely in the conduct of serious
affairs. The formal rules of evidence shall not
apply, except when the recognition of an
evidentiary privilege is otherwise required by
law. Hearsay evidence is admissible except that
such evidence by itself shall not be sufficient to
support a necessary finding of fact unless such
evidence would be admissible in a court of law.
G. Argument. Each party shall have the
opportunity for oral argument, with the Director
presenting the initial argument and having the
opportunity for rebuttal argument. The Council may
set reasonable time limits for oral argument.
Written argument may be submitted at the time of
oral argument unless otherwise permitted by the
City Council.
H. Control of Proceedings. The City Council shall
have the right to control the order and manner of
the proceedings in accordance with these rules and
as it otherwise deems necessary and proper for the
fair and efficient administration of the hearing.
I. Decision. Upon the conclusion - of the hearing,
the Citi ouncil shall make its order and adopt
appropriate findings.
SECTION 2. The City Clerk shall certify the
adoption of this resolution
PASSED, APPROVED AND ADOPTED this 17th day
Of June . 1985.
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