22.03.030 Pre-hearing procedures.
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A. Hearing date. As soon as practical after receiving the written appeal, and after coordinating with the hearings examiner, the city shall fix a date, time and place for the hearing of the appeal.
1. Such date shall be not less than thirty (30) calendar days nor more than ninety (90) calendar days from the date the appeal was filed with the City Clerk, providing the appeal hearing may be less than thirty (30) calendar days or more than ninety (90) calendar days from the date the appeal was filed if:
a. The city offers and the appellant signs a written statement agreeing to hold the hearing less than thirty (30) calendar days or more than ninety (90) calendar days from the date the appeal was filed; or
b. Prior to the hearing, the city or the appellant file a motion with the hearings examiner to hold the hearing less than thirty (30) calendar days or more than ninety (90) calendar days from the date the appeal was filed, and the hearings examiner concludes such a delay would be in the interests of justice and adopts findings to that effect.
c. If the parties, under VMC 22.03.030(A)(1)(a), set the hearing date less than thirty (30) days from the date the appeal was filed, the parties shall also set dates when exhibits, memoranda of authorities, responses thereto, and the official appeal file shall be delivered.
d. If the hearings examiner, under VMC 22.03.030(A)(1)(b), sets the hearing date less than (30) days from the date the appeal was filed, the hearings examiner shall also set dates when exhibits, memoranda of authorities, responses thereto, and the official appeal file shall be delivered.
2. Notice of hearing. The city shall provide the appellant with written notice of the time and place of the hearing by causing such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, to the address on the appeal at least twenty (20) calendar days prior to the date of the hearing.
3. If the appeal hearing concerns a nuisance vehicle, the city also shall send written notice of time and place of the hearing, by certified mail, with a five (5) day return receipt requested, to the following person:
a. The owner of the land where the nuisance vehicle is located, as shown on the last equalized assessment roll; and
b. The nuisance vehicle’s last registered and legal owner of record, unless the nuisance vehicle is in such condition that identification numbers are not available to determine ownership.
B. Form of notice of hearing. The notice to appellant shall be substantially in the following form, but may include other information:
“You are hereby notified that a hearing will be held before the hearings examiner at________________on the_________day of__________, 20__, at the hour of__________ and at such times and places as the hearing is continued. You may be represented by an attorney, and you may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other items of evidence by filing an affidavit with the hearings examiner________________.
C. Subpoenas. The hearings examiner, at the request of the city or appellant, may subpoena witnesses necessary for the presentation of their respective cases. The subpoena may be served by the city or appellant either personally or by mailing a copy of the subpoena to the witness’s last known address. Proof of service shall be made by written declaration and executed by the person effecting service, declaring the time and date of service and the manner by which service was made. It is a misdemeanor to knowingly ignore the directives of a subpoena under this subsection.
D. The official appeal file. The city official and appellant shall deliver to the hearings examiner and to each other all relevant materials to the appeal, including, but not limited to, staff reports, legal memoranda, exhibits, names or potential witnesses, along with a brief summary of any witness's expected testimony, and any affidavits or declaration, at least seven (7) calendar days before the scheduled hearing.
E. Pre-Hearing conference. The hearings examiner may, on his or her own motion or at the request of a party, hold a conference prior to the appeal hearing to consider:
1. Simplification of issues; or
2. The existence of any undisputed facts that the parties will stipulate to; or
3. Such other matters that will aid in the efficient disposition of the action. Based upon such a conference, the examiner may enter a pre-hearing order. Pre-hearing conferences shall be recorded and the recordings shall be part of the official case record. (Ord. M-3857 §11, 2007; Ord. M-3638, 2003)