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(a) Any owner or other person in possession of the property may appeal an abatement proceeding commenced pursuant to this chapter within the number of days allowed in the Notice and Order to Abate. The appeal shall be submitted in writing, specify the grounds upon which the appeal is taken, and contain the name, address and telephone number of the appellant. The appeal shall be accompanied either by the payment of the appeal fee or by a hardship waiver application as set out in section 16.208, and shall be filed with the Clerk. Timely appeal shall stay any further abatement action until the hearing is concluded, or until the appeal is automatically denied pursuant to section 16.208(e).
(b) If the appeal fee is paid, either with the appeal or after review by a hearing officer as set out below, the Clerk shall set the matter for hearing, assign the appeal to a hearing officer and provide at least 10 days notice to the parties in writing of the date and location of the hearing.
(c) If an application for a hardship fee waiver is filed as provided in section 16.208, the Clerk shall refer the hardship fee waiver determination to a hearing officer as soon as practicable, but shall not set the matter for hearing.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10578 (N.S.), effective 12-13-18)
(a) The amount of the appeal fee shall be determined periodically by the Board of Supervisors based upon the County's costs incurred in processing an appeal pursuant to this chapter. The calculation shall include all costs of the County Abatement Officer, Clerk, and the hearing officer, but shall exclude actual costs for any work of abatement calculated pursuant to Section 16.212.
(b) If the appellant claims an economic hardship in paying the appeal fee, the appellant may apply for a waiver of the appeal fee on forms provided by the County Abatement Officer for that purpose and served with the Notice and Order to Abate. The forms shall be substantially similar to those required of litigants initiating court proceedings in forma pauperis pursuant to Government Code section 68511.3. The forms shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained therein.
(c) Upon filing a timely appeal and for good cause shown, the Clerk may grant the appellant a period of time beyond expiration of the appeal period in which to complete and submit the waiver forms. In no event shall the additional time exceed two days.
(d) A hearing officer assigned to make a hardship fee waiver determination will do so within ten business days and thereafter notify the Clerk of such determination. Failure to make such determination within ten business days shall be deemed denial of the hardship fee waiver determination. The determination shall be made based solely on the information contained in the waiver forms filled by the appellant. If the appellant does not provide required information or the application is not signed under penalty of perjury, the fee waiver may be denied on those grounds. The decision of the hearing officer shall be final. If a waiver is granted the Clerk shall proceed as if an appeal fee had been paid. If a waiver is denied, the Clerk shall notify the appellant the appeal fee must be paid within five business days or the appeal will be automatically denied.
(e) If the appellant fails to submit completed waiver forms or pay the appeal fee in a timely manner, the Clerk shall automatically deny the appeal and shall notify the appellant and the County Abatement Officer of denial. Enforcement of the order to abate may then proceed as if no appeal request was submitted.
(f) If the appeal fee is paid and the hearing officer finds there is no public nuisance, the appeal fee shall be refunded to the appellant without interest.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10578 (N.S.), effective 12-13-18)
Hearings under this chapter shall be conducted as follows:
(a) Every witness before testifying shall take an oath or make an affirmation. The hearing officer is authorized to issue subpoenas, administer oaths and conduct the hearing.
(b) Each party shall have the right to: be represented by legal counsel, call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination and impeach any witness regardless of which party first called the witness to testify. The County may call and examine the appellant or any employee or agent of the appellant as a witness during the County's case in chief or during the County's rebuttal case as if under cross- examination.
(c) Strict rules of evidence shall not apply. Evidence that might otherwise be excluded under the Evidence Code may be admissible if the hearing officer determines that it is relevant and of the kind that reasonably prudent persons rely on in making decisions. All rules of privilege recognized by the Evidence Code, however, apply to the hearing. The hearing officer shall also exclude irrelevant and cumulative evidence.
(d) The hearing shall be conducted in English. If the appellant or any of appellant's witnesses require an interpreter the appellant is responsible to provide a State certified interpreter at appellant's expense.
(e) The hearing may be continued upon request of a party to the hearing upon a showing of good cause.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
At the conclusion of an appeal hearing, the hearing officer shall make written findings of fact and conclusions of law. The hearing officer's decision shall uphold or overrule, in whole or in part, the County Abatement Officer's determination that a public nuisance exists. The decision shall be filed with the Clerk within seven days of the conclusion of the hearing. A copy of the decision shall be sent by mail to appellant and any other party who appeared at the hearing. The decision of the hearing officer shall be final when filed with the Clerk.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
If the hearing officer decides that the Order to Abate shall be enforced, the owner, or the owner's agent or any person in possession of the property shall comply with the order within the time prescribed by the hearing officer and in the absence of any prescribed time, within 30 days after the hearing officer's decision becomes final.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) If no one complies with the Order to Abate within the prescribed time period, the County Abatement Officer may abate the public nuisance. The County may remove or destroy any property listed in the Order to Abate necessary to abate the nuisance. The County shall keep a separate account of the cost of abatement for each assessor's parcel involved in the abatement.
(b) When the County has completed the work of abatement, or has paid for the work, it shall bill the property owner for the actual cost of abating the nuisance, and the County's administrative costs, including reasonable attorney's fees. If the County waived the appeal fee pursuant to section 16.208 the fee shall be added to the abatement cost. If unpaid, the combined amounts shall be included in a bill and mailed to the owner or the owner's agent for payment. The bill shall state that if the bill is not paid 15 days from the date of mailing the County may impose a lien on the property.
(Amended by Ord. No. 9343 (N.S.), effective 6-22-01; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
If the County's bill for the abatement costs is not paid within 15 days from the date of mailing the County Abatement Officer shall submit an itemized written cost report to the Clerk for a confirmation hearing before a hearing officer. The Clerk shall attach to the report the names and addresses of all persons having any record interest in the property. At least 10 days before the hearing, the Clerk shall give notice of a confirmation hearing, by mail, to the record owner of each assessor's parcel involved in the abatement, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property. The notice shall describe the property by street number or some other description sufficient to identify the property and contain a statement of the amount of the proposed assessment.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
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