A hearing officer shall conduct the hearing on the order to show cause. The hearing officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to Code of Civil Procedure Section 2093. Hearings need not be conducted according to the technical rules relating to evidence and witnesses; however, the person(s) to whom the order to show cause was directed shall have the right to present testimony and documentary and physical evidence on his or her/its behalf and shall have the right to cross-examine any witnesses and rebut any evidence presented against him/her/it. The city manager shall have the burden of proving the existence of a public nuisance, or other violations alleged, by a preponderance of the evidence.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
Failure of the owner or responsible party to either abate the conditions specified in the order to show cause or to appear at the hearing on the order to show cause after notice has been served shall be deemed a waiver of the right to a hearing and an admission by such owner or responsible party of the existence of the nuisance conditions as specified. In the event of an owner's failure to appear, the hearing officer shall proceed to consider the evidence as presented by the city manager. Notwithstanding anything in this chapter to the contrary, there shall be no right to appeal a decision and/or and order of abatement issued following such failure to appear.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
The hearing officer shall have discretion to, and in the furtherance of justice may, relieve any person of any decision or order of abatement entered as a result of a person's failure to appear at a hearing upon a written finding, based on evidence submitted by the person seeking such relief, that the failure to appear was the result of mistake, surprise, inadvertence or excusable neglect. Any application for such relief shall be submitted to the hearing officer by the person seeking such relief no later than seven days after the date of any decision or order of abatement issued following a person's failure to appear at the hearing. After the passage of seven days after the date of any such decision or order of abatement issued after a person's failure to appear, the hearing officer shall have no power or authority to grant the person relief from any such decision or order of abatement pursuant to this subsection or otherwise. The hearing officer shall schedule a timely request for relief under this section for a hearing no later than thirty days after the application for relief. If relief from the decision or order of abatement is granted pursuant to this subsection, the hearing officer shall schedule and hold a hearing on the merits no later than thirty days after the granting of such relief.
(Ord. 03-1 § 2)
Upon the conclusion of the hearing on the order to show cause, the hearing officer shall determine whether the activity or the property, or any part thereof as maintained constitutes a public nuisance. If the hearing officer finds that a public nuisance does not exist, it shall dismiss the proceedings. If the hearing officer finds that a public nuisance does exist and that there is sufficient cause to order the abatement of the public nuisance the hearing officer shall issue an order of abatement, which shall contain findings of fact and shall direct and order the public nuisance abated within the time and in the manner set forth in the order. If the hearing officer consists of more than one individual, then the determinations made pursuant to this subsection shall be made by majority vote. Except in the circumstance when an order of abatement has been issued following a person's failure to appear at a hearing, and where no relief to such person has been granted pursuant to Section 19.05.011. of this chapter the order of abatement shall include notification of the right to appeal and shall be served in the manner set forth in Section 19.05.005.
In deciding whether to order abatement of the nuisance by requiring either repair or demolition of any residential building the hearing officer shall:
A. 
Give preference to repair of the building whenever it is economically feasible to do so without having to repair more than seventy-five percent of the dwelling, as determined by the hearing officer; and
B. 
Shall give full consideration to the needs for housing as expressed in the city's housing element.
An order of abatement issued under the Nuisance Abatement Code shall run with the land, and shall be binding on any subsequent owners, lessees, successors in interest, or persons who acquire any interest in the property. The owner of any property against which an order of abatement has been issued shall notify any prospective purchaser, lessees, successors, or persons who propose to acquire any interest in the property of the order of abatement, of its application as against the property, and of the terms of this section, prior to entering into any contract or agreement for the sale or lease of any interest in the property.
(Ord. 03-1 § 2; Ord. 04-5 § 3)
A. 
The hearing officer's decision and any order of abatement issued by the hearing officer pursuant to this chapter may be appealed in writing to the appeals board by any interested person, by filing with the city clerk a written appeal. This appeal must be filed no later than fifteen days after the date of service of the hearing officer's decision and must contain the following information:
1. 
A specific identification of the property that is the subject of the nuisance abatement proceeding.
2. 
A caption reading: "appeal of [name of appellant(s)]."
3. 
A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the order of abatement.
4. 
A statement in ordinary and concise language of the specific order or action protested together with the contentions of the appellant and any material facts supporting the contentions of the appellant.
5. 
The address of each person appealing.
6. 
The signatures of all parties named as appellants.
7. 
The verification of at least one appellant as to the truth of the matter stated in the appeal.
B. 
An appeal shall be deemed filed upon receipt by the city clerk's office and the payment of any appeal fee, which may be established by resolution of the city council. Except as otherwise provided by this code or other law, the filing of an appeal pursuant to this section shall stay the hearing officer's decision. The city clerk shall set a date on which the appeals board shall hear the appeal which shall be no later than thirty days from the date the appeal was filed. Written notice of the time and place of the appeal hearing shall be given at least ten days prior to the date of the hearing to each appellant and to all interested persons, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof by certified U.S. mail postage prepaid and return receipt requested U.S. mail delivery confirmation, U.S. mail signature confirmation, or such other delivery method that is reasonably calculated to provide actual notice to the intended recipient at the address shown on the appeal. Mailed service of the notice shall be deemed complete at the time of deposit in the U.S. mail. Continuances of the hearing may be granted for good cause in the sole discretion of the appeals board.
C. 
The failure to file an appeal to the appeals board, pursuant to this chapter, shall render the decision and any order of abatement of the hearing officer final and conclusive, shall be deemed a failure to exhaust administrative remedies, and shall act as a complete bar to any legal proceeding challenging the city's abatement of the public nuisance.
D. 
At the time of the appeal hearing the appeals board shall permit any interested person to present written or oral arguments relating to the appeal based upon the record presented at the hearing on the order to show cause. The appeals board shall not permit the introduction of any further evidence unless a showing is made by the offering party that the evidence could not reasonably have been presented to the hearing officer at the time and place of the prior hearing. Additionally, the appeals board may permit the presentation of evidence if the evidence is reasonably calculated to show that there has been substantial change in the condition of the property since the time of the prior hearing. Thereafter, based upon the prior administrative record, the evidence that may be presented pursuant to the provisions of this section, and the written or oral arguments of interested persons, the appeals board shall determine whether the property, in its then condition, constitutes a public nuisance within the meaning of this chapter.
E. 
If the appeals board finds such nuisance conditions do not exist, it shall dismiss the proceeding. If the appeals board finds that a public nuisance exists, it shall issue an order of abatement requiring the abatement thereof. The order of abatement shall take the form of a written decision briefly setting forth the findings of facts relied upon in making the order, the conditions constituting the nuisance, the manner in which the nuisance may be abated, and the date by which the nuisance must be abated.
F. 
The decision and any order of abatement of the appeals board shall be final and conclusive on the date it is issued. The decision shall be served in the manner set forth in Section 19.05.005. The decision shall include notification that any action to judicially review said decision and order of abatement must be commenced not later than ninety days following the date of the decision and order of abatement pursuant to Code of Civil Procedure Section 1094.6.
(Ord. 03-1 § 2; Ord. 04-5 § 3)