(A) Right of judicial review of hearing officer decision.
(1) Within 20 days after service of the hearing officer's decision upon the responsible person, the responsible person may seek review of the administrative decision by filing an appeal with the Superior Court of the State of California, in the County of Riverside, in accordance with California Government Code § 53069.4.
(2) A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the responsible person.
(3) If no notice of appeal of the final administrative order or decision is filed within the period set forth in California Government Code § 53069.4, the order or decision shall be deemed confirmed.
(B) Hearing officer.
(1) Selection of hearing officer.
(a) The City Manager is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative enforcement hearings. The City Manager shall promulgate rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers. The hearing officers shall be appointed by resolution of the City Council. Any person designated to serve as an enforcement hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law.
(2) Disqualification of hearing officer.
(a) The enforcement hearing officer may continue a hearing based on one of the parties showing good cause at the hearing, or if the hearing officer independently determines that due process has not been adequately afforded.
(3) Power of hearing officer.
(a) The enforcement hearing officer shall retain jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing.
(Ord. 1809, passed 2-21-24)