Whenever a right to a hearing or appeal before the city council is granted pursuant to the provisions of this code, the city manager shall act as the hearing officer and shall render his or her decision without consulting with the city council. The city manager is delegated all of the duties and is empowered with all of the powers of the city council with respect to such hearings. The city council may, in its discretion, allow a rehearing before it or may simply review the administrative record, if any is produced at such hearing, and render its own decision. If the city council fails to act within fifteen days of the city manager's decision, the city manager's decision shall be deemed final.
(Ord. 952 § 1, 1982)
Notwithstanding the provisions of Section 1.17.010, whenever an appeal is taken from a decision of a duly authorized and appointed commission of the city, that appeal shall only be taken before the city council. The provisions of Section 1.17.010 shall also not apply when the city manager has already conducted a hearing in the first instance and a right of appeal of the city manager's decision is specifically given to the city council.
(Ord. 952 § 1, 1982)
The following shall be the basic procedures for adjudicative hearings including, but not limited to, conditional use permit revocations, business permit revocations and public nuisance determinations:
(1) 
Notice of the issues or charges should be provided at least ten days ahead of the hearing by staff.
(2) 
All evidence in existence at the time of the notice of hearing and intended to be used at the hearing should be provided by staff with the notice or as soon as it becomes available.
(3) 
Any procedural objections to the hearing, documentary evidence, legal authority or other writings intended to be used in the hearing by the subject of the hearing must be submitted at least seventy-two hours in advance of the hearing.
(4) 
The hearing officer will call the matter to order.
(5) 
The person having the burden of proof proceeds first. In revocation or public nuisance cases, the city staff proceeds first.
(6) 
Live unsworn testimony is permitted and hearsay is admissible. Written declarations, sworn or unsworn, shall be allowed. The trier of fact should consider the type of evidence and its weight.
(7) 
There is no general right of cross-examination. The trier of fact may allow limited crossexamination where the ends of justice so demand. Alternatively, the trier of fact may make inquiry.
(8) 
The subject of the hearing shall be allowed to present evidence.
(9) 
The public shall be allowed to present evidence.
(10) 
The parties shall be allowed to make closing remarks.
(11) 
The proceedings shall be recorded so that a record is made.
(12) 
The city attorney will provide advice on admissibility of evidence and will prepare the form of the decision.
(13) 
The trier of fact shall render a decision with findings of fact.
(14) 
The trier of fact reserves the right to alter the above procedure to ensure that due process and a fair trial are given.
(Ord. 1356 § 1, 2004)