All rights to hearing and the hearing proceedings are as set forth herein:
(a) Persons entitled to hearing. The following persons are entitled to a hearing upon request under the terms of this section:
(1) A rental permit applicant who has been granted a conditional permit.
(2) A rental permit applicant who has been denied a permit.
(3) An owner or owner's legal agent who has been given an order to vacate a premises.
(4) A tenant who has received an order to vacate a premises or been given an order to vacate.
(5) A permittee whose permit has been suspended or revoked.
(b) Request for hearing. Unless the person entitled to a hearing under this section makes a request for a hearing within ten business days from the date notice of any action was served under this chapter, by filing a signed and completed "request for hearing" form with the City Clerk, the decision is final. The request for hearing form is available from the City Clerk and will contain at least the name and signature of the person entitled to a hearing, the date the form is filed with the City Clerk, and information sufficient to identify the action that is being contested.
(c) Hearing date. Hearings shall be scheduled as expeditiously as possible, but in no case any later than the following:
(1) At the next regularly scheduled Board of Appeals meeting for which proper notice could be given.
(2) Notwithstanding paragraph (1), above, except where the order to vacate is due to an imminent danger to life, limb, property or safety of the occupants or the general public, in no case shall a hearing contesting an order to vacate be scheduled after the date a tenant is ordered to vacate under this chapter.
(d) Notice of hearing. The notice of hearing shall be made pursuant to Section 1464.05. Where the City has proof of service of the notice given as required, failure of the owner, or the owner's legal agent, or a tenant to receive the notice does not affect the validity of the hearing or its outcome.
(e) Conduct of the hearing. The hearing provided for under this section shall be conducted in conformance with Chapter 1464
, Board of Appeals.
(1) Standards. The Board of Appeals shall apply the standards set forth in this chapter that are applicable to the action being contested. All determinations shall be based upon competent, material and substantial evidence on the record.
(2) Continuation of hearing. In the discretion of the Board of Appeals, the hearing once commenced may be continued to another date if the Board of Appeals finds that such continuation is for good cause.
(3) Decision. After hearing all of the evidence, the Board of Appeals shall make a decision regarding the contested action by setting forth findings of fact on the record, and by entering an order affirming, modifying, or reversing the action being contested. If not appealed in accordance with Section 842.14
, the order is final.
(f) Failure to appear/rescheduling. Failure of the person(s) requesting the hearing to appear for a scheduled hearing constitutes an abandonment of the request for hearing. The hearing may be rescheduled once upon request, if the request is made before or within seven days after the initially scheduled hearing.
(Ord. 03-2011. Passed 4-19-11; Ord. 08-2016. Passed 6-21-16.)