(b) The hearing officer conducting a post- abatement hearing shall review the abatement costs, the costs to prevent the recurrence of the public nuisance abatement and the amount of civil penalties the Director assessed. In reviewing the costs, the hearing officer shall determine whether the costs are reasonable for the work performed. In cases where the Director acted pursuant to a Notice and Order to Abate, the hearing officer shall not review whether a public nuisance existed or whether it was necessary for the Director to take action to prevent the recurrence of the public nuisance. Where the Director summarily abated a public nuisance the hearing officer shall also review whether a public nuisance existed.
(c) The hearing officer may consider the following factors when reviewing the amount of civil penalties: the duration of the public nuisance, the nature and extent of the public nuisance, what action the owner took after first being made aware of the public nuisance, the frequency or recurrence of the public nuisance condition, the economic impact of the penalties on the property owner and any other factors the interests of justice require the hearing officer consider.
(d) At the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law. In cases where the Director acted pursuant to a Notice and Order to Abate, the hearing officer shall determine the amount of costs and civil penalties to allow. Where the Director summarily abated a public nuisance, the hearing officer shall decide whether a public nuisance existed and if so, the amount of costs to allow. The hearing officer shall file a decision with the Clerk within seven days of the conclusion of the hearing. If the hearing officer finds for the Director, in whole or in part, with the decision the hearing officer shall also issue a separate Notice of Abatement Lien that shall provide the name of the record owner of the property, the last known address of the record owner, the last date that work was performed on the property to abate a public nuisance and to prevent the recurrence of the public nuisance, the amount of costs and the amount of civil penalties awarded against the property owner and the parcel number and if applicable, the address of the real property subject to the lien. If more than one parcel is involved, the hearing officer's decision shall state which costs and penalties are awarded against each parcel and the hearing officer shall issue a separate Notice of Abatement Lien for each parcel for which the hearing officer makes an award in favor of the County. The hearing officer's decision shall be final when it is filed with the Clerk. The Clerk shall send the decision to the appellant by U.S. mail and provide a copy to the Director.
(Added by Ord. No. 10019 (N.S.), effective 11-20-09; amended by Ord. No. 10238 (N.S.), effective 1-4-13)