The text
2-8-1 - Purpose.#
The City Council finds that the enforcement of the Kaysville City ordinances, policies, regulations, and applicable State statutes is an important public function vital to the protection of the public's health, safety, welfare, and quality of life. Providing a hearing to employees, citizens, and agencies relating to the enforcement of ordinances, policies, regulations, and applicable State statutes through an administrative procedures process conducted by independent, law-trained administrative judges comports with basic due process, simplifies and expedites hearings benefitting the City and citizens, minimizes the impact on the judicial system, and provides flexibility in both the hearing process and in determining remedies and responsibilities.
2-8-2 - Administrative Law Judge.#
1.
The Kaysville City Council shall appoint a qualified individual to serve as the Kaysville City Administrative Law Judge to preside over administrative hearings and function as the appeal authority. An Administrative Law Judge must be an attorney licensed to practice law in the State of Utah and must not be an employee of the City. The appointed individual shall serve for a period of two (2) years per term with no limit on the number of terms should the City Council determine to reappoint the same individual. The Judge may be removed from office by a vote of the City Council.
2.
Administrative Law Judge.
a.
The Administrative Law Judge shall have authority to decide all requests for an appeal from any land use provision of the Kaysville City Ordinances, unless otherwise expressly stated.
b.
An Administrative Law Judge shall have authority to set the date, time, and place for holding an administrative hearing.
c.
An Administrative Law Judge may issue a scheduling order to guide the conduct of the case, to set the limits of any pre-hearing discovery, to provide for the identification of witnesses and their expected testimony, to list and exchange proposed exhibits to approve stipulations regarding facts, applicable law, foundation to exhibits, and to govern such other matters related to hearing of the matter as deemed appropriate.
d.
The Administrative Law Judge holding a hearing shall arrange for the recording of any hearing.
e.
The Administrative Law Judge is empowered to issue subpoenas for the production of documents and things and to complete the appearance of witnesses in the pending action. It shall be unlawful for any person to willfully refuse or fail to obey a subpoena issued for an administrative hearing. A violation of this Section shall be a class B misdemeanor.
2-8-3 - Appeals.#
1.
Appeals provided for in this Kaysville City Code shall be heard by the Kaysville City Administrative Law Judge, unless otherwise expressly stated.
2.
Appeals must be filed with the Kaysville City Recorder within the applicable time period, and must be accompanied by a filing fee as outlined in the consolidated fee schedule. Appeals must be in writing, dated and signed, and at a minimum state the name, address and phone number of the person or entity making the appeal, the decision being appealed, and a summary of the basis of the appeal.
3.
Parties aggrieved by the decision of the Administrative Law Judge may appeal such decision in the courts of competent jurisdiction.
2-8-4 - Hearings.#
1.
The Administrative Law Judge shall act in a quasi-judicial manner which may include holding an informal hearing within forty-five (45) days after submittal of the appeal or variance. Notice of the hearing shall be given by mailing it to the appellant at the address given in the written appeal at least eight (8) days prior to the hearing.
2.
At the hearing formal rules of procedure, discovery and evidence shall not apply. The Administrative Law Judge shall determine if substantial evidence supports the decision below. The appellant may present his/her case or may be represented by an attorney.
3.
The Judge may uphold the previous decision, overturn it, or make a new decision as appropriate under the circumstances. The Judge shall issue a written decision including findings, which is effective on the date of issuance and is a final decision of the City's administrative process.
4.
A person who fails to appear at a hearing shall be deemed to have waived all rights in connection with the hearing, including the right to appeal. Providing that proper notice has been given, a decision may then be entered against the appellant based upon the failure to appear.
5.
The Administrative Law Judge shall issue a written ruling within forty-five (45) days after the conclusion of the hearing.