The Uniform Housing Code adopted pursuant to section 9-1-901 of this article is hereby amended as follows:
Section 203 of the Uniform Housing Code is hereby amended as follows:
Section 203 Hearing Officer.
203.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the Director of Building and Safety relative to the application and interpretation of this code, there shall be and is hereby created a hearing officer position designated by the City Manager who is qualified by experience and training to pass upon matters pertaining to building construction and who is not an employee of the City. The hearing officer shall adopt rules of procedure for conducting his or her business and shall render all decisions in writing to the appellant, with a duplicate copy to the Director of Building and Safety. Appeals to the hearing officer shall be processed in accordance with the provisions contained in Section 1201 of this code. Copies of all rules or regulations adopted by the hearing officer shall be delivered to the Director of Building and Safety, who shall make them freely accessible to the public.
Section 203.2 of the Uniform Housing Code is hereby amended as follows:
203.2 Limitations of Authority.
The hearing officer shall have no authority relative to interpretation of the administrative provisions of this code nor shall the officer be empowered to waive requirements of this code.
Section 401 of the Uniform Housing Code is hereby amended by amending the following definition:
Health officer is the Director of Building and Safety or his or her designee.
Paragraph No. 5 of Section 1101.2 of the Uniform Housing Code is hereby amended as follows:
5. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Director of Building and Safety to the Hearing Officer, provided the appeal is made in writing as provided in this code and filed with the director of Building and Safety within 30 days from the date of service of such notice and order; and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
Paragraph No. 1 of Section 1201.1 of the Uniform Housing Code is hereby amended as follows:
1. A heading in the words: "Before the hearing officer of the City of Beverly Hills"
Section 1201.2 of the Uniform Housing Code is hereby amended as follows:
1201.2 Processing of Appeal.
Upon receipt of any appeal filed pursuant to this section, the Director of Building and Safety shall present it at the next regular or special meeting with the hearing officer.
Section 1201.3 of the Uniform Housing Code is hereby amended as follows:
1201.3 Scheduling and Noticing Appeal for Hearing.
As soon as practicable after receiving the written appeal, the hearing officer shall fix a date, time and place for the hearing of the appeal. Such date shall not be less than 10 days from the date the appeal was filed and no more than 60 days from the date the appeal was filed with the Director of Building and Safety. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each of the appellant by the Director of building and Safety 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.
Section 1301 of the Uniform Housing Code is hereby amended as follows:
Section 1301 General
1301.1 Record.
A record of the entire proceeding shall be made by tape or by any other means of permanent recording determined to be appropriate by the hearing officer.
1301.2 Reporting.
The proceedings at the hearing shall be also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of fees prescribed therefor. Such fees shall be as established by the City Council Resolution.
1301.3 Continuances.
The hearing officer may grant continuances for good cause shown.
1301.4 Oaths-Certification.
In any proceeding under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.
1301.5 Reasonable Dispatch.
The hearing officer shall proceed with reasonable dispatch to conclude any matter before him or her. Due regard shall be shown for the convenience and necessity of any parties or their representatives.
Section 1302 of the Uniform Housing Code is hereby amended as follows:
Section 1302 Form of Notice of Hearing.
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 hearing officer at .......... on the ............... day of .............., 20....., at the hour .........., upon the notice and order served upon you. You may 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 cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the hearing officer.
Section 1303.1 of the Uniform Housing Code is hereby amended as follows:
Section 1303.1 Filing of Affidavit.
The hearing officer may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in possession or under control. A subpoena need not be issued when the affidavit is defective in any particular.
Section 1303.2 of the Uniform Housing Code is hereby amended as follows:
Section 1303.2 Cases Referred to the Hearing Officer.
In cases where a hearing is referred to the hearing officer, all subpoenas shall be obtained through the hearing officer.
Section 1304.7.1 of the Uniform Housing Code is hereby amended as follows:
Section 1304.7.1. 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, or of official records of the department and ordinances of the City.
Section 1304.7.3 of the Uniform Housing Code is hereby amended as follows:
Section 1304.7.3 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, the manner of such refutation to be determined by the hearing officer.
Section 1304.7.4 of the Uniform Housing Code is hereby amended as follows:
Section 1304.7.4 Inspection of the premises.
The hearing officer may inspect any building or premises involved in the appeal during the course of the hearing, provided that (i) notice of such inspection shall be given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present during the inspection, and (iii) the hearing officer shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the hearing officer.
Section 1305 of the Uniform Housing Code is hereby amended as follows:
SECTION 1305 METHOD AND FORM OF DECISION
Section 1305.1 Hearing before Board Itself. Deleted
Section 1305.2 Hearing by the Examiner. Deleted
Section 1305.3 Consideration of Report by Board - Notice. Deleted
Section 1305.4 Exception to Report. Deleted
Section 1305.5 Disposition by the Board. Deleted
Section 1305.6 Proposed Decision Not Adopted. Deleted
Section 1305.7 Form Of Decision.
The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested.
Section 1305.8 Effective Date Of Decision.
The effective date of the decision shall be as stated therein.
The title of chapter 14 of the uniform housing code is hereby amended as follows:
Chapter 14 Enforcement Of The Order Of The Director Of Building And Safety Or The Hearing Examiner.
Section 1401.1 of the uniform housing code is hereby amended as follows:
Section 1401.1 General.
After any order of the director of the building and safety or the hearing officer made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any person who fails to comply with any such order is guilty of a misdemeanor.
Section 1401.2 of the uniform housing code is hereby amended as follows:
Section 1401.2 Failure To Obey Order.
If, after any order of the director of building and safety made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect, or refuse to obey such order, the director of building and safety may (i) cause such person to be prosecuted under section 1401.1 or (ii) institute any appropriate action to abate such building as a public nuisance in accordance with the provisions of title 5, chapter 7 of the Beverly Hills municipal code.
Paragraph no. 3 of section 1401.3 of the uniform housing code is hereby amended as follows:
3. The director of building and safety 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; or, if the notice and order required demolition, or removal of the materials, rubble and debris and cleanup of the lot. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner outlined in title 5, chapter 7 of the Beverly Hills municipal code.
Section 1502.1 of the uniform housing code is hereby amended as follows:
Section 1502.1 General.
The legislative body of this jurisdiction shall establish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the director of building and safety to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.
(Ord. 02-O-2414, eff. 12-19-2002)