[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]
(A) 
Form of appeal. Any person entitled to service under § 95B.108 may appeal from any notice and order or any action of the Enforcement Official under this chapter by filing at the office of the City Clerk a written appeal containing:
(1) 
The names of all appellants participating in the appeal;
(2) 
A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;
(3) 
A brief statement describing the specific order or action protested, together with any material facts claimed to support the contentions of the appellants;
(4) 
A brief statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
(5) 
The signatures of all parties named as appellants or their representatives, their mailing addresses and telephone numbers.
The appeal shall be filed within 30 days from the date of service of such order or action of the Enforcement Official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and posted in accordance with this chapter, such appeal shall be filed within ten days from the date of the service of the notice and order of the Enforcement Official.
(B) 
Processing of appeal. Upon receipt of any appeal filed pursuant to this section, the City Clerk shall tender it to the City Manager who shall notify the Enforcement Official issuing the Notice and Order, and the Indio Consolidated Appeals Board.
(C) 
Scheduling and noticing appeal for hearing. As soon as practicable after receiving the written appeal, the Indio Consolidated Appeals Board shall fix the date, time and place for hearing of the appeal. Such date shall be not less than ten days nor more than 60 days from the date the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given to each appellant at least ten days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
[Ord. 1226, 8-5-1998]
Failure of any person to file an appeal in accordance with the provisions of § 95B.114 shall constitute a waiver of the right to an administrative hearing and adjudication of the Notice and Order, or any portion thereof.
[Ord. 1226, 8-5-1998]
Except for orders to vacate the premises made pursuant to § 95B.114, enforcement of any notice and order of the Enforcement Official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]
(A) 
Reasonable diligence. The Indio Consolidated Appeals Board shall proceed with reasonable diligence to conclude any matter before it. Although due regard shall be shown for the convenience and necessity of any parties or their representatives, the Indio Consolidated Appeals Board may grant continuances only for good cause shown.
(B) 
Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Indio Consolidated Appeals Board.
(C) 
Reporting. The proceedings at the hearing shall also be reported by a stenographic reporter if requested by any party thereto at that party's expense. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee for the transcription.
(D) 
Oaths/certification. In any proceedings under this section, the Indio Consolidated Appeals Board has the power to administer oaths and affirmations and to certify to official acts.
[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]
The notice to appellant shall be substantially in the following form but may include other information:
"You are hereby notified that a hearing will be held before the Indio Consolidated Appeals Board at __________ (place), on __________, 20_____, at __________ A.M./P.M., upon the Notice and Order served upon you. You must be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to question all witnesses testifying against you."
[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]
(A) 
Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(B) 
Oral evidence. Oral evidence shall be taken only on oath or affirmation.
(C) 
Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in civil action in courts of competent jurisdiction in this state.
(D) 
Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely upon in the conduct of serious affairs.
(E) 
Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded at the discretion of the Indio Consolidated Appeals Board.
(F) 
Rights of parties. Each party shall have these rights, among others:
(1) 
To call and examine witnesses on any matter relevant to the issues of the hearing;
(2) 
To introduce documentary, photographic, and physical evidence;
(3) 
To question opposing witnesses on any matter relevant to the issues of the hearing;
(4) 
To impeach any witness regardless of which party first called him to testify;
(5) 
To rebut the evidence against that party first called to testify;
(6) 
To represent him/herself or to be represented by an attorney.
(G) 
Official notice.
(1) 
What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state.
(2) 
Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed.
(3) 
Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority.
(4) 
Inspection of the premises. The Indio Consolidated Appeals Board may inspect any or all premises involved in the appeal during the course of the hearing; provided that (1) notice of such inspection shall be given to the parties before the inspection is made; (2) the parties are given an opportunity to be present during the inspection; and (3) the Indio Consolidated Appeals Board shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn. Each party then shall have a right to rebut or explain the matters so stated by the Board of Appeals.
[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011; Ord. 1611, 4-18-2012]
The Indio Consolidated Appeals Board shall, within 15 days from the date that the hearing is closed, file a written decision in the office of the City Clerk, and a copy of said decision shall be served on each appellant by certified mail or personal service. If the Indio Consolidated Appeals Board determines that the building or portions thereof are dangerous and a nuisance, the Indio Consolidated Appeals Board shall issue an Order to Abate directing the appellant(s) to commence abatement of the nuisance within 15 days after the service of the decision and to complete the abatement within 60 days or within such time as the Indio Consolidated Appeals Board shall determine to be reasonable, by having the building or property reconstructed or repaired or by having the same razed or removed, and notifying the appellant that if the nuisance is not abated within the time provided, the building will be reconstructed or repaired, or razed, demolished and removed by the city, as determined by the Indio Consolidated Appeals Board, and the expenses made a lien on the lot or parcel of land upon which the building is located. Such decision shall contain a brief summary of the evidence considered and state the Indio Consolidated Appeals Board's findings, conclusions and recommendations. The decision of the Indio Consolidated Appeals Board shall be final.
[Ord. 1226, 8-5-1998; Ord. 1589, 3-16-2011]
(A) 
General. After any order of an Enforcement Official or the Indio Consolidated Appeals Board made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.
(B) 
Failure to obey order. After any order of an Enforcement Official or the Indio Consolidated Appeals Board made pursuant to this chapter has become final, should the person to whom such order is directed fail, neglect or refuse to obey such order, the Enforcement Official may:
(1) 
Refer the matter to the City Attorney who may cause such person to be prosecuted under division (A) of this section; and/or
(2) 
Institute any appropriate action to abate such building as a public nuisance.
(C) 
Failure to commence work. Whenever the required repair or demolition is not commenced within ten days after any final notice and order issued under this chapter becomes effective:
(1) 
The Enforcement Official shall cause the building described in such notice and order it to be vacated by posting at each entrance thereto a notice reading:
DANGEROUS BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
Building Official
City of Indio
(2) 
No person shall occupy any building which has been posted as specified in this division. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Enforcement Official have been completed and a certificate of occupancy issued pursuant to the provisions of the city Building Code. Any person violating this division shall be guilty of a misdemeanor.
(3) 
The Enforcement Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order under § 95B.108; or, if the notice and order required demolition, to cause the building to be demolished and the materials, rubble and debris 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.
[Ord. 1226, 8-5-1998]
Upon receipt of an application from the person required to conform to the order and an agreement by such person that he or she will comply with the order if allowed additional time, the Enforcement Official may, at his or her discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete the agreed-upon repair, rehabilitation or demolition. Such extension shall be based on a determination by the Enforcement Official that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Enforcement Official’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the original notice and order.