Procedures at Administrative Enforcement Hearing
San Diego Municipal Code § 12.0408
in effect§12.0408 Procedures at Administrative Enforcement Hearing
(a) Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow the procedures promulgated by the City Manager.
(b) The City bears the burden of proof at an administrative enforcement hearing to establish the existence of a violation of the Municipal Code or applicable state code. In the case of an abatement hearing the City bears the burden of proof to establish the existence of a public nuisance.
(c) The standard of proof to be used by the Enforcement Hearing Officer in deciding the issues at an administrative hearing is by a preponderance of the evidence.
(d) Each party shall have the opportunity to cross–examine witnesses and present evidence in support of his or her case.
(“Procedures at Administrative Enforcement Hearing” added 8–10–1993 by O–17956 N.S.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter01/Ch01Art02Division04.pdf#page=3Fetched: 10/28/2026