If a timely request for any hearing is filed, any compliance obligations that may be imposed shall be stayed until a final decision is rendered, unless an emergency situation exists requiring summary abatement pursuant to Section
20.08.020.
(Ord. 2010-01 § 1)
A. After considering all of the written and oral testimony and other evidence presented at the hearing, the Hearing Officer shall, within 10 days following the conclusion of the hearing, issue a written decision, which shall be considered a final determination as to the matter, unless appealed to the City Council in accordance with Section
20.16.050. The written decision of the Hearing Officer and any abatement order shall be served upon the responsible party and any interested party requesting a copy pursuant to Section
20.04.100.
B. If
the Hearing Officer's written decision addresses an administrative
citation, the Hearing Officer may uphold the administrative citation,
modify the amount of the fine imposed by the administrative citation,
or cancel the administrative citation. The written decision shall
state the reasons for the decision. If the Hearing Officer modifies
the amount of the fine or cancels the administrative citation, the
City shall promptly refund any amount of the fine deposited.
C. If the Hearing Officer's written decision addresses a notice of violation and/or stop work order, the Hearing Officer may uphold, modify, or cancel the notice of violation and/or stop work order. The written decision shall state the reasons for the decision. If the Hearing Officer upholds or modifies the notice of violation and/or stop work order, the Hearing Officer shall issue a written abatement order in accordance with Section
20.08.070. The City may seek to enforce any abatement order by confirmation from a court of competent jurisdiction. Any abatement order that is judicially confirmed may be enforced through all applicable judicial enforcement measures, including, without limitation, contempt proceedings upon a subsequent violation of such order.
(Ord. 2010-01 § 1; Ord. 2010-05 § 4)
The City may pursue any and all legal and equitable remedies
for unpaid administrative fines, late payment charges, abatement costs
and/or other costs, including, but not limited to, a lien as prescribed
by
Government Code Section 38773.1 or a special assessment as prescribed
by
Government Code Section 38773.5.
(Ord. 2010-01 § 1; Ord. 2010-05 § 6)
Any responsible party who has exhausted the administrative remedies
provided by this Code, or any other applicable law, shall have the
right to seek judicial review of such decision by filing a petition
for writ of mandate in accordance with
Code of Civil Procedure Sections
1094.5, 1094.6 and
Government Code Section 53069.4.
(Ord. 2010-01 § 1; Ord. 2010-05 § 7)