(a) The owner or tenant of any premises condemned and ordered to be vacated by the Director may file an appeal as specified in Chapter 1 of Division 6 of Title 1 of this code (Sections 16.101 and following) within five days of the date of the order. The Director's determination concerning tenant relocation benefits may be appealed in the same manner. An appeal shall not stay the Director's order or determination.
(b) Where an owner or tenant appeals, notice of the hearing shall be provided to the owner by the Clerk of the Board, and shall be provided by the Director to all persons known to the Director to claim to be tenants. Regardless of who appeals, both the owner and the tenant(s) may participate in the proceeding as parties.
(c) Where a condemnation and order to vacate is appealed, the hearing officer may determine whether the Director's determination that there was an immediate threat to health and safety was unreasonable when made, whether an immediate threat to health and safety exists as of the date of the hearing, and whether the condemnation shall be lifted or the order to vacate delayed to avoid extreme hardship to the owner or tenants.
(d) Where a determination concerning tenant relocation benefits is appealed, the hearing officer may determine whether the persons identified by the Director as tenants were tenants, whether each tenant was displaced by the Director's order, whether the Director's determinations concerning tenant eligibility and owner liability were consistent with the State Housing Law and whether the Director's determination concerning the number of bedrooms in the residence was consistent with Section 69.108(c). In making these determinations the hearing officer may consider all relevant evidence, whether or not that evidence was available to or considered by the Director at the time the Director's determinations were made.
(e) An owner appealing the Director's determination that tenant relocation benefits should be paid, or an owner or tenant seeking a delay in an order to vacate based on extreme hardship, may waive the timelines for scheduling hearings specified in Section 16.103 of the County Code, and may request that a hearing be held and a decision rendered within 10 days after the date the order to vacate was first mailed and posted. However, the timing of the appeal hearing and decision shall not affect the owner's liability for failure to make timely payment of benefits pursuant to Section 17957.3 of the Health and Safety Code.
(f) A failure to pay relocation benefits that are not appealed or that are upheld after an appeal is a violation of this Code, and is subject to the administrative remedies provided in Chapter 2 of Division 8 of Title 1 of this Code (sections 18.201 and following).
(Added by Ord. No. 5499 (N.S.), effective 5-2-79; Ord. No. 5502 (N.S.), adopted 5-8-79, effective 6-7-79, supersedes Ord. No. 5499; amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10412 (N.S.), effective 2-26-16)