A. Form Of Appeal: Any person entitled to service under subsection 9-1-806C of this chapter may appeal from any notice and order or any action of the building official under this code by filing at the development services division ("division") a written appeal containing:
1. A heading in the words: "Before the hearing officer of the City of Beverly Hills".
2. A caption reading: "Appeal of........", giving the names of all appellants participating in the appeal.
3. 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.
4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.
5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.
6. The signatures of all parties named as appellants and their official mailing addresses.
7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
The appeal shall be filed within thirty (30) days from the date of the service of such order or action of the building 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 is posted in accordance with subsection 9-1-806C of this chapter such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the building official.
B. Processing Of Appeal: Upon receipt of a timely appeal filed pursuant to this section, an informal hearing shall be scheduled to occur before a hearing officer who shall be appointed by the city manager or designee and who shall be any person having no involvement with the division's issuance of a notice under this article.
C. Scheduling And Noticing Appeal For Hearing: The hearing shall occur within thirty (30) days of the division's receipt of a timely appeal. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the building official by first class mail. Failure of any person to receive a properly addressed notice pursuant to this section shall not affect any appeal hearing.
D. Effect Of Failure To Appeal: Failure of any person to file a timely appeal in accordance with the provisions of subsection A of this section shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof. In that event, the notice and order shall be final.
E. Scope Of Hearing On Appeal: Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
F. Staying Of Order Under Appeal: Except for vacation orders made pursuant to subsection 9-1-806H of this chapter, enforcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. 16-O-2719, eff. 1-20-2017)