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HomeMy WebLinkAboutORD-28-92 Add New Sec 2.004.260 Title 2 Appointment of Hearing OfficersORDINANCE NO. 28- 92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADDING NEW SECTION 2.04. 260 TO CHAPTER 2.04 OF TITLE 2 OF THE ORANGE MUNICIPAL CODE RELATING TO THE APPOINTMENT OF HEARING OFFICERS.THE CITY COUNCIL OF THE CITY OF ORANGE does hereby ordain as follows:SECTION I:That new Section 2.04.260 be, and the same is hereby, added to Chapter 2.04, Title 2, of the Orange Municipal Code to read as follows:2.04.260 ADDointment of Hearinq Officer bv city Council.A. Notwithstanding any other provision of this Code to the contrary, in any matter where any provision of this Code or any other law should otherwise require the city Council to conduct a hearing for the purpose of receiving evidence prior to acting upon such matter, the City Council may, at its sole discretion, appoint a hearing officer for the purpose of conducting such hearing and receiving such evidence.B. Any hearing officer so appointed shall hold such hearing within the time and manner and notice of such hearing shall be given, as would otherwise apply had the hearing been held by the City Council.C. The hearing officer shall receive evidence, both oral and written, at such hearing and shall prepare, or cause to be prepared, an administrative record of such hearing which record as certified by the hearing officer, together with the written recommendation of the hearing officer of the action to be taken,shall be submitted to the City Council within twenty (20) calendar days following the conclusion of such hearing.D. within fifteen (15) calendar days following the receipt of the administrative record and written recommendation of the hearing officer, the City Council shall render a decision upon the matter in the manner required by law. The decision of the City Council shall be based upon the administrative record prepared by the hearing officer and the City Council shall not take or consider additional evidence.E. To tr~ extent the time limits and procedures set forth in this section are inconsistent with any other provision of this code, the provisions of this section shall F. The term "hearing" as used in this section shall mean any proceeding required by law in which evidence is required to be taken and discretion in the determination of facts is vested in the City Council. G. The term "hearing officer" shall mean one or more persons appointed upon motion of the City Council to conduct such hearing. H. In the event the City Council is legally prohibited from acting upon, or is unable due to a tie vote or other similar circumstance to decide a matter decided by the hearing officer, the recommendation of the hearing officer shall be the final decision of the City. The City Clerk shall certify the decision of the hearing officer as the final decision of the city and shall mail a copy of the certification to the parties. Any request for a rehearing of the decision of the hearing officer, so certified as the decision of the City by the City Clerk, shall be filed with the City Clerk within fifteen calendar days following conclusion of such hearing. I. The City Council may, at its sole discretion, appoint a hearing officer to consider rehearing where the request for rehearing has been granted by the City Council even if the City Council originally decided the matter. J. The city Council may, at its sole discretion, conduct a rehearing which the City Council has granted even if the hearing officer originally decided the matter. K. The City Council may, due to illness or any other reason which causes a hearing officer to be unable to complete a hearing and make a decision, appoint a substitute hearing officer to complete the hearing and make the written recommendation. L. In the event of an appointment of a substitute hearing officer pursuant to the preceding subsection K, the substitute hearing officer shall review the record of the portion of the hearing already conducted and, after considering the arguments of any person, determine whether to proceed with the hearing or to commence the proceedings anew. section II: In the event that anyone or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Ordinance shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Ordinance with which are hereby declared as severable and shall be interpreted to carry out the intent thereunder. Ord. No. 28-92 section III: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the city Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those city Council members voting for and against the Ordinance in accordance with Government Code section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 27th day of October 1992. ATTEST: of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARILYN J. JENSEN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the city Council held on the 20th day of October, 1992, and thereafter at the regular meeting of said City Council duly held on the 27th day of October , 1992, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: NONE STEINER, BARRERA, MAYOR BEYER, COONTZ, SPuRGEON NONE A./~ QfJr-.,-./ity- Clerk the &it 0 Orange SSH:dg 3-Ord. No. 28-