The procedures adopted in this chapter for the selection of
administrative hearing officers shall not replace, substitute for,
or in any way affect the administrative hearing board processes created
by the California codes, uniform codes and national codes adopted
by the city and the administrative hearings provided by such codes
shall be treated separate and apart from the administrative appeal
hearing procedures adopted herein.
(Ord. 870 § 2, 2004)
The administrative hearing officer ("hearing officer") shall
conduct all administrative appeal hearings of any timely and properly
filed appeal from an abatement cost report pursuant to the procedures
set forth in this chapter. The hearing officer shall review all evidence,
documents, and written testimony and hear all oral testimony submitted
by the parties and render all decisions and findings in writing to
the appellant with a duplicate copy to the code compliance officer
or authorized enforcement agent. The hearing officer may decide to
ratify the abatement cost report in its entirety and/or modify the
amount of the abatement costs to be recovered by the city and/or modify
the terms of payment of the abatement costs.
(Ord. 870 § 2, 2004)
The hearing officer's authority to hear and consider appeals
shall be limited to passing on only those appeals pertaining to matters
within his or her subject matter jurisdiction which shall be limited
to: (a) the amount of the abatement costs, and/or (b) the reasonableness
of the abatement performed. The hearing officer does not have the
authority to waive or exercise jurisdiction on whether or not a public
nuisance existed or whether or not a condition constituted a public
nuisance. The hearing officer shall consider at the hearing on the
appeal from a particular abatement cost report only those matters
or issues which are specifically raised by the appellant in his or
her appeal and which are relevant to the issues of the hearing. The
hearing officer shall not have the authority to waive any requirements
of the municipal code and/or any applicable statutes, rules, codes
or regulations, except as otherwise provided in this chapter.
(Ord. 870 § 2, 2004)
After the city has determined that a timely and complete appeal
of an abatement cost report has been filed, the city manager or designee
shall be appointed the hearing officer for purposes of presiding over
the particular hearing which corresponds with the appeal.
(Ord. 870 § 2, 2004; Ord. 1078 § 3, 2014)
Once the hearing officer is selected, the code compliance officer
or authorized enforcement agent, or designee, shall contact the hearing
officer to schedule a date, time, and location for the administrative
appeal hearing. The administrative appeal hearing shall be scheduled
as soon as practicable but allowing sufficient time for providing
notice of the hearing.
(Ord. 870 § 2, 2004)
Once the date, time and place for the administrative appeal
hearing is determined, the code compliance officer or authorized enforcement
agent, or designee, shall prepare a notice of administrative appeal
hearing ("hearing notice"), which shall be in substantially the same
form as follows:
"You are hereby notified that a hearing will be held before
the Administrative Hearing Officer at __________ on the _____ day
of _____, _____, at the hour of _____ to hear your appeal of the Abatement
Cost Report served upon you. You may be present at the hearing. You
may be, but need not be, represented by an attorney. You may present
any relevant evidence at the hearing and you will be given a full
opportunity to cross-examine all witnesses testifying against you."
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(Ord. 870 § 2, 2004)
The code compliance officer or authorized enforcement agent,
or designee, shall cause a copy of hearing notice to be provided to
each appellant either by causing a copy of said notice to be delivered
to each appellant personally or by causing a copy of said notice to
be delivered by certified mail, postage prepaid, return receipt requested,
and addressed to each appellant at the address shown on the appeal.
(Ord. 870 § 2, 2004)
Proof of service of the hearing notice shall be certified at
the time of service by a written declaration under penalty of perjury
executed by the persons effecting service, declaring the date and
manner in which service was made. The declaration shall be affixed
to a copy of the hearing notice and retained by the code compliance
officer or authorized enforcement agent, or designee.
(Ord. 870 § 2, 2004)
The code compliance officer or authorized enforcement agent
shall prepare an administrative hearing packet for the hearing officer
to review prior to the hearing. The packet shall include a copy of
the abatement cost report, the summary abatement report if applicable,
a staff report, and any evidence of the abatement costs. The staff
report should include a summary of the code compliance activities
performed at the subject property.
(Ord. 870 § 2, 2004)
At the administrative appeal hearing, the hearing officer shall
review all evidence, documents, and written testimony and hear all
oral testimony offered either in support of appellant's claim or in
support of the abatement cost report, provided such evidence and testimony
is relevant to the issues of the hearing. The hearing officer has
the authority to determine the relevance of any evidence to the issues
of the hearing. The hearing officer also has the authority to exclude
unduly repetitious and cumulative evidence, regardless of its relevancy.
(Ord. 870 § 2, 2004)
Each party appearing at the hearing shall have the following
rights: (a) to call and examine witnesses; (b) to introduce documentary
and physical evidence; (c) to cross-examine opposing witnesses; (d)
to impeach any witness regardless of which party first called the
witness to testify; (e) to rebut evidence; and (f) to be represented
by anyone who is lawfully permitted to do so.
(Ord. 870 § 2, 2004)
If the appellant fails to attend the scheduled administrative
appeal hearing, the hearing will proceed without appellant and he
or she will be deemed to have waived his or her rights to be orally
heard at the appeal hearing.
(Ord. 870 § 2, 2004)
Following the appeal of an abatement cost report, the hearing
officer may decide to ratify the abatement cost report in its entirety
and/or modify the amount of the abatement costs to be recovered by
the city and/or modify the terms of payment of the abatement costs.
The recipients of an abatement cost report shall be required to pay
all abatement costs that are upheld by the hearing officer as being
accurate and reasonable and resulting from the most reasonable and
feasible action necessary to abate the activity or activities and/or
condition or conditions causing the public nuisance.
(Ord. 870 § 2, 2004)
The hearing officer shall prepare and serve a written notice
of decision upon each appellant and the code compliance officer or
authorized enforcement agent following the administrative appeal hearing.
The decision of the hearing officer shall be final, except as otherwise
provided by this chapter.
(Ord. 870 § 2, 2004)
The hearing officer shall serve the written notice of decision
to each appellant within twenty calendar days from the date the hearing
is deemed closed. The hearing officer shall also provide or cause
to be provided a copy of the notice of decision to the code compliance
officer or authorized enforcement agent.
(Ord. 870 § 2, 2004)
The notice of decision for an abatement cost report shall contain
a brief summary of the evidence considered, findings of fact, a determination
of the issues presented, the effective date of the decision, and shall
require the recipient of an abatement cost report to pay the total
sum due no later than ten calendar days from the date of issuance
of the notice of decision. The amount of the abatement costs for which
the recipient shall be responsible shall be as set forth in the abatement
cost report unless otherwise modified by the notice of decision. Payment
of the amount of abatement costs due shall be ordered to be made to
the issuing department or division unless otherwise directed by the
city.
(Ord. 870 § 2, 2004)
The hearing officer shall cause a copy of the notice of decision
to be provided to each appellant either by causing a copy of the notice
of decision to be delivered to each appellant personally or by causing
a copy of said notice of decision to be delivered to each appellant
by certified mail, postage prepaid, return receipt requested, and
addressed to appellant at the address shown on the appeal. A copy
of the notice of decision shall also be provided to the code compliance
officer or authorized enforcement agent.
(Ord. 870 § 2, 2004)
The effective date of the hearing officer's notice of decision
shall be as stated therein or, if none provided, the date of the notice
of decision.
(Ord. 870 § 2, 2004)
If the abatement costs are not paid within thirty calendar days from the effective date of the notice of decision, the abatement costs shall become a special assessment against that parcel, which shall be imposed pursuant to the procedures set forth in Chapter
14.150 and shall be subject to the penalties set forth therein.
(Ord. 870 § 2, 2004)
The prevailing party in any proceeding conducted pursuant to
this chapter and associated with the abatement of a public nuisance
shall be entitled to recovery of attorney's fees incurred in any such
proceeding.
(Ord. 870 § 2, 2004)