A. Appeal. A landlord or interested party may appeal the determination of the board. The request for a hearing must be filed within ten (10) calendar days after the mailing of the notice of acceptance as provided for in Section 8.100.970(A) of this chapter, and such request shall be in writing and filed in the offices of the secretary upon a form and with the number of copies required by the secretary. The landlord shall include a current list of all of the tenants in the building with the application. Each request for hearing shall be accompanied by a filing fee in an amount to be set by resolution of the city council.
The request for hearing shall set forth specifically wherein the requesting party believes there was an error or abuse of discretion by the board in the determination. Additionally, a request for hearing may be made based on new, relevant information which was not submitted to the board at the time of the original determination due to mistake, surprise, inadvertence or excusable neglect, and which information would have affected the determination of the board if it had been submitted earlier.
B. Hearings.
1. The requested hearing shall be held and conducted by a hearing officer designated by the city manager. Notice of the time, date and place of the hearing shall be mailed by the secretary at least ten (10) calendar days prior to the hearing date to the landlord, any interested party, and the tenants and shall be posted on the subject building at least ten (10) calendar days prior to the hearing date.
2. At the time of the hearing, the landlord, any interested party, or any tenant, or their representatives or council, may offer such documents, testimony, written declaration or evidence as may be pertinent to the proceedings. The burden of proof shall be on the appellants to demonstrate their cases by a preponderance of the evidence.
3. The board, the secretary, and the hearing officer may rely on the records of the citing departments as prima facie evidence of their contents. The board, the secretary, and the hearing officer shall be bound by the determination of the citing department as to the existence of any deficiencies or as to any proof of compliance.
C. Determination.
1. A final decision shall be made by the hearing officer within fifteen (15) calendar days of the hearing.
2. The hearing officer may affirm, modify, or reverse the determination of the board. The hearing officer shall find that each of the factors set forth in Section 8.100.1100(C) of this chapter exists in affirming the acceptance of a building into REAP. The hearing officer may modify or reverse the determination of the board only upon making written findings setting forth specifically either (i) wherein the action of the board was in error or constituted an abuse of discretion, or (ii) there is new, relevant information which was not previously submitted either at the time of the board review or the formal conference due to mistake, surprise, inadvertence, lack of notice, or excusable neglect, which information supports such modification or reversal.
3. Within five working days of receipt of the findings and determination from the hearing officer, the secretary shall mail a copy of same to the landlord, any interested party, all tenants, the representatives or counsels of such persons, and any other person who makes a written request. Where the determination is the acceptance of the building into REAP, the secretary shall forward a report, including the findings and determination to the city council within five working days of the receipt of the findings and determination.
4. A determination that a building is accepted into REAP is subject to acceptance by the city council. With respect to all other issues on appeal, the decision of the hearing officer is final. (Prior code § 49.14.1407)