The purpose of the hearing is to provide a review of the administrative
notice and order by a Hearing Officer. The Hearing Officer shall only
consider evidence that is relevant to the determination of facts contained
in the administrative notice and order.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
(A) The
City Manager shall appoint one or more individuals as the Hearing
Officer(s) for an administrative hearing held pursuant to this chapter.
(B) The
employment, performance evaluation, compensation and benefits of the
Hearing Officer shall not be directly or indirectly conditioned upon
the amount of administrative notice and order penalties upheld by
the Hearing Officer.
(C) The
Hearing Officer shall not be a City employee or City official, whether
elected or appointed.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
(A) Administrative
hearings are intended to be informal in nature. Formal rules of evidence
and discovery need not apply. The City Manager or his/her designee
may from time to time adopt procedures for the administrative hearing.
(B) The
City bears the burden of proof at an administrative hearing to establish
the existence of a violation of the Santa Rosa City Code.
(C) The
burden of proof in an administrative hearing is to be supported by
a preponderance of the evidence.
(D) The
Hearing Officer shall hear and consider all relevant evidence, including,
but not limited to, applicable staff reports, oral, physical, and
documentary evidence regarding the alleged violation, proposed method
of abatement, and the administrative costs incurred by the City.
(E) Each
witness, prior to testifying, shall be sworn by the Hearing Officer
or a clerk designated by the Hearing Officer.
(F) Each
party shall have the opportunity to cross-examine witnesses and present
evidence in support of the party's cause.
(G) The
failure of a responsible party named in an administrative notice and
order to appear at the administrative notice and order hearing shall
constitute a failure to exhaust the party's administrative remedies.
(H) On
its own motion or on the motion of either party, the Hearing Officer
may continue the hearing for good cause, provided that notice is given
to each party. The notice shall include the time, date and place to
which the hearing is continued.
(I) City
staff has the right to withdraw any item from the administrative hearing
agenda.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
(A) After
considering all of the testimony and evidence submitted at the hearing,
the Hearing Officer shall, within 45 days, file a written decision
with the Code Enforcement Officer. The decision is to be entitled
"Administrative Enforcement Order" and shall either uphold, modify,
or cancel the administrative notice and order as to each named responsible
party. The decision shall list the finding in support of the decision
and the imposition of any administrative fine or penalty.
(B) The
Hearing Officer shall serve the administrative enforcement order on
each party; when the administrative enforcement order is served on
the Code Enforcement Officer, the order shall be final.
(C) When
the administrative enforcement order cancels the administrative notice
and order as to a responsible party, the case shall be terminated
as to that party.
(D) When
the administrative enforcement order upholds or modifies the administrative
notice and order as to one or more responsible parties, the Hearing
Officer shall impose and assess not only the prescribed fine and/or
penalty but also impose and assess administrative costs against each
responsible party. When the administrative enforcement order directs
the abatement of a violation, including a nuisance, the violation
may be corrected or abated as authorized within this chapter or as
otherwise permitted by law.
(E) The
administrative enforcement order shall include notice to the responsible
party that the penalties and the administrative costs may become the
subject of a special assessment against the property where the violations
occurred if payment is not received within 30 days of the date of
the final order. The administrative enforcement order shall also state
the penalty for any late payment and that, if the violation continues,
the responsible party may be subject to additional penalties authorized
by law.
(F) Failure
to Commence Work. Whenever the required repair or demolition is not
commenced within 30 days after any final administrative enforcement
order issued under this chapter becomes effective:
(1) The Chief Building Official/Code Enforcement Officer shall cause
the building, structure, or other property described in such order
to be vacated by posting at each entrance thereto a notice reading:
Substandard Building
|
Do Not Occupy
|
It is a misdemeanor to occupy this building, or to remove
or deface this notice.
|
Chief Building Official/Code Enforcement Officer
City of Santa Rosa.
|
(2) No person shall occupy any building that has been posted as specified
in this subsection. No person shall remove or deface any such notice
so posted until the repairs, demolition, or removal ordered by the
Chief Building Official/Code Enforcement Officer have been completed
and, where applicable, a certificate of occupancy issued pursuant
to the provisions of the building code.
(3) Enforcement Officers are authorized to enter upon any property or
premises within the City to abate, repair, or demolish any building,
structure, or other property pursuant to an administrative enforcement
order. If an owner, occupant, or agent refuses permission to enter,
inspect, abate, repair, or demolish any thing described in such order,
the Chief Building Official/Code Enforcement Officer may seek an administrative
inspection warrant pursuant to the procedures provided for in California
Code of Civil Procedure Section 1822.50 et. seq., as may be amended
from time to time.
(4) The Chief Building Official/Code Enforcement Officer may, in addition
to any other remedy herein provided, cause the building, structure,
or other property to be repaired to the extent necessary to correct
the conditions that render the building substandard as set forth in
the administrative enforcement order; or, if the administrative enforcement
order required demolition or abatement, to cause the building, structure,
or other property to be sold and demolished; or, to be demolished,
and the materials, rubble and debris therefrom removed and the lot
cleaned. Any such repair or demolition work shall be accomplished
and the cost thereof paid and recovered in the manner hereinafter
provided in this chapter. Any surplus realized from the sale of any
such building, or from the demolition thereof, over and above the
cost of demolition and of cleaning the lot shall be paid over to the
person or persons lawfully entitled thereto.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
The City may collect any past due penalty assessed in the administrative
enforcement order by all available legal means.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
Notwithstanding the provisions of Section 1094.5 or 1094.6 of
the California
Code of Civil Procedure, within 20 days after service
of the final administrative order or decision of the local agency
is made pursuant to an ordinance enacted in accordance with California
Government Code section 53069.4 regarding the imposition, enforcement
or collection of the administrative fines or penalties, any person
contesting the final administrative order or decision made pursuant
to this chapter may seek review by filing an appeal to be heard by
the superior court. The right to appeal is limited to the terms and
conditions set out in Section 53069.4. In the event that a copy of
the notice of appeal is served in person or by first-class mail upon
the City of Santa Rosa by the contestant-appellant pursuant the appeal
to the superior court, the time for payment shall be suspended from
the date of said service until the judgment of the court is final.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
Any person, entity, association, or organization aggrieved by
a willful violation of any provision of this chapter, where the owner(s)
of a property has failed or refused to correct and/or abate a violation
under this chapter for 40 days after the administrative enforcement
order becomes final, shall have the right to file an action and/or
proceeding for injunctive relief and damages against the owner(s)
of such property. Any person, entity, association, or organization
which prevails or is successful in any such action or proceeding shall
be entitled, in addition to any other relief, to recover all reasonable
costs, expenses and attorney's fees incurred in such action or proceeding.
Treble damages also shall be awarded for such willful failure to comply
with this chapter.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)