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4799ORDINANCE NO. 4799 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.12.110 TO CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE APPOINTMENT OF HEARING OFFICERS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That new Section 1.12.110 be, and the same is hereby, added to Chapter 1.12 of Title 1 of the Anaheim Municipal Code to read as follows: "1.12.110 APPOINTMENT OF HEARING OFFICER BY CITY COUNCIL .010 Notwithstanding any other provi- sion of this Code to the contrary, in any matter where any provision of this Code or any other law would 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. .020 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. .030 The hearing officer shall receive evidence, both oral and written, at such hearing and shall prepare, or cause to be prepared, an administra- tive 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) days following the conclusion of such hearing. .040 Within fifteen (15) 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. .050 To the 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 govern. .060 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. .070 The term 'hearing officer' shall mean one or more persons appointed upon motion of the City Council to conduct such hearing. .080 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 the time limits specified in subsection .040 of Section 1.12.100 of Title 1 of this Code. .90 The City Council may, at its sole discretion, appoint a hearing officer to consider rehearings where the request for rehearing has been granted by the City Council even if the City Council originally decided the matter. .100 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. .110 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. .120 In the event of an appointment of a substitute hearing officer pursuant to the preceding subsection .110, 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. -2- SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimina- tion herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 3rd day of February, 1987. )Z�' MAYOR OF THE CITY 0ANAHEIM ATTEST: MEN! �..t.�..� Edo two@1 sy "get , ■ JLW:ct:fm 011287 1576L -3- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4799 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of January, 1987, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 3rd day of February, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4799 on the 3rd day of February, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of February, 1987. Ft CITY CLERK OF THE CITY OF ANAHEI (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4799 and was published once in the Anaheim Bulletin on the 13th day of February, 1987.