A. Request for Administrative Hearing. The owner may request an administrative hearing prior to the recordation of the notice of non-compliance by making a written request to the director within 21 days of service of the warning of non- compliance. If a written request is timely made to the director then the notice of non-compliance shall not be recorded unless and until the hearing officer so orders at the conclusion of the administrative hearing.
B. Failure to Request Administrative Hearing. If the owner fails to make a written request to the director for an administrative hearing within 21 days of service of the warning of non-compliance then the director may record the notice of non- compliance in the real property records of the County of Butte.
C. Setting of Administrative Hearing. Administrative hearings shall be held by the hearing officer or officers appointed by the city manager pursuant to section 1.15.170 of this code. Upon receipt of a timely written request for an administrative hearing, the director shall notify the hearing officer, set a date and time for the hearing, and notify the owner in writing of the date, place and time of the hearing not less than 21 days prior to the administrative hearing. The administrative hearing shall be held within a reasonable time.
D. Administrative Hearing Procedure. At the administrative hearing the owner or the enforcement officer may be represented by counsel and may present any relevant evidence regarding the alleged violations of this code specified in the warning of non-compliance. Relevant evidence may include the testimony of the owner, the enforcement officer, or other witnesses, as well as the introduction of documentary evidence. The legal rules of evidence shall not apply to the hearing and the decision of the hearing officer shall be based upon a preponderance of the evidence.
E. Waiver of Personal Appearance. The failure of the owner to appear at the administrative hearing shall constitute a waiver of the owner’s right to be personally present at the administrative hearing and the hearing officer shall decide the matter based upon the evidence presented at the administrative hearing. If the owner does not attend the administrative hearing, the owner may, prior to the hearing date, submit documentary evidence regarding the alleged violations for consideration by the hearing officer.
F. Attendance of Enforcement Officer. The enforcement officer who observed the alleged violations contained in the warning of non-compliance may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend the administrative hearing, the enforcement officer may, prior to the hearing date, submit documentary evidence regarding the alleged violations for consideration by the hearing officer.
G. Continuation of Administrative Hearings. The hearing officer may continue the administrative hearing by his or her own action or upon reasonable request of either the owner or the enforcement officer.
H. Hearing Officer’s Decision. After considering all of the evidence presented at the administrative hearing, the hearing officer shall issue a written decision as to whether a violation of this code exist as alleged in the warning of non- compliance. If the hearing officer determines that a violation exists as alleged in the warning of non-compliance then the hearing officer shall also order that a notice of non-compliance be recorded by the director within ten days from the date of decision in the real property records of the County of Butte. If the hearing officer determines that no violations exist as alleged in the warning of non- compliance, however, then the hearing officer shall order that no notice of non- compliance be recorded. The hearing officer is not authorized to make any other orders. The hearing officer shall issue his or her decision within a reasonable time and a copy of the hearing officer’s decision shall be served upon the owner. The decision of the hearing officer is final and not subject to appeal.
(Ord. 2419§1)