If it is shown by a preponderance of the evidence that behaviors occurring on the premises constitute a public nuisance and that the owner of the premises has not taken adequate steps to abate the nuisance as prescribed by the director, the board shall issue a written decision declaring the premises a public nuisance. The hearing officer may affirm, reject or modify any administrative penalty imposed on the owner by the director based upon the severity of the nuisance-creating behaviors on the premises and the owner's efforts, or lack thereof, to remedy the problem. The administrative penalty may be adjusted if the hearing officer finds that imposition of the penalty would work a substantial undue economic hardship on the owner or tenants. The hearing officer may order the owner to take such action it deems appropriate to abate the nuisance. The actions ordered shall be reasonable and may include, but shall not be limited to:
A. Provision of additional exterior lighting;
B. The posting of security personnel on the premises;
C. Installation of appropriate fencing;
D. Posting of signs on the premises, and provisions in rental applications and agreements, which state that illegal use of controlled substances and other nuisance-creating behaviors on the premises shall be grounds for eviction;
E. Hiring a competent property management firm to manage the property;
F. Hiring of a competent resident manager who has experience, education, and training in rental property management;
G. Posting a sign on the premises setting forth the name, address and daytime and evening telephone numbers of the owner or of a local property manager who is authorized to make decisions relating to management of the property;
H. Obtaining education and training in rental property management;
I. Such other reasonable actions as may be deemed appropriate by the hearing officer.
The hearing officer shall not have the authority to order that the owner evict a tenant or any other person from the premises.
If the hearing officer orders the owner to take specified actions to abate the nuisance, the director shall review the owner's compliance with the hearing officer's order pursuant to Section 8.08.110 of this chapter.
The decision shall inform the owner that if the nuisance is not abated within the time specified and the owner has not complied with all orders of the hearing officer, an administrative penalty in an amount not to exceed five thousand dollars ($5,000.00) may be imposed upon the owner and made a lien on the property involved.
If the decision orders the owner to take any actions which were not listed in the hearing notice, the decision shall specifically designate those actions, and if the owner objects to those actions as unnecessary or infeasible, the owner may request a supplemental hearing before the hearing officer on the subject of the appropriateness of those actions only, by filing a written request with the director within fifteen (15) calendar days after the decision is mailed to the owner. A request for supplemental hearing shall not stay the hearing officer's order to take actions which were listed in the hearing notice.
The decision of the hearing officer shall be final. The decision shall inform the owner that the time for judicial review of the hearing officer's decision is governed by California Code of Civil Procedure Section 1094.6.
The decision shall be posted on the premises and served upon the owner by personal delivery or by certified mail, return receipt requested, and shall be sent by first class mail to any occupants other than the owner, any holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner or holder of any lease of record, and the holder of any other estate or legal interest of record in the premises. Failure to serve the decision on any person specified herein shall not invalidate proceedings against any person who is properly served. (Prior code § 61.16.1624)