A. Administrative Hearing. Except as set forth in subsections (C) and (D) of this section any person receiving a notice, or any person who is subject to any adverse determination made pursuant to this chapter, may appeal the matter by requesting an administrative hearing as set forth below. These administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter.
B. Request for Administrative Hearing. Any person appealing a notice or an adverse determination shall, within thirty (30) days of receipt thereof, file a written request for an administrative hearing with the Office of the City Clerk, accompanied by an administrative hearing fee as established by separate resolution. A copy of the request for administrative hearing shall also be mailed on the date of filing to the Hearing Officer. Thereafter, a hearing on the matter shall be held before the Hearing Officer within forty-five (45) business days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
C. Administrative Hearing for Cease and Desist Orders. Any person appealing a Cease and Desist Order shall, within ten (10) business days of receipt thereof, file a written request for an administrative hearing with the Office of the City Clerk, accompanied by an administrative hearing fee as established by separate resolution. Upon filing of the appeal, the City Clerk shall provide the Hearing Officer forthwith with a copy of the request for administrative hearing. Thereafter, a hearing on the matter shall be held before the Hearing Officer within ten (10) business days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
D. Administrative Hearing for Emergency Abatement Actions. An administrative hearing following an emergency abatement action shall be held within five business days following the action of abatement, unless the hearing (or the time required for the hearing) is waived in writing by the party subject to the emergency abatement. A request for an administrative hearing shall not be required for the person subject to the emergency abatement action.
E. Hearing Proceedings. The Authorized Inspector shall appear in support of the notice, cease and desist order, or emergency abatement action and the appealing party shall appear in opposition of the notice, cease and desist order or emergency abatement action. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.
F. Hearing Officer's Decision.
1. The decision of the Hearing Officer shall issue within ten (10) business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party.
2. Notwithstanding the above, the decision of the Hearing Officer in any preceding determining the validity of a cease and desist order shall be mailed within five (5) business days following the conclusion of the hearing. However, all other provisions in this chapter regarding appeal procedures shall apply to cease and desist orders.
G. Appeal to the Appeals Board. An aggrieved party may appeal the decision of the Hearing Officer by filing a written notice of appeal with the Appeals Board. The appeal hearing shall be conducted pursuant to Section 6.01.100.
H. Appeal Board Decision Final. The decision of the Appeals Board shall be final. The decision must include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure Section 1094.5 and Section 1094.6 and shall be commenced within ninety days following issuance of the final decision. The administrative hearing fee paid by a prevailing party in an appeal shall be refunded.
(Ord. 3121, 2008)