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(a) Request for Hearing. A property owner and/or any Offending Party may request a hearing to contest the notice of violation issued in accordance with Section 2304 by filing with the Director within 30 calendar days from the date of the notice of violation, a request for hearing that specifies in detail the basis for contesting the notice of violation.
(b) Notice of Hearing. Whenever a hearing is requested pursuant to this Section, the Director shall, within 7 calendar days of receipt of the request, notify the property owner and/or any Offending Party of the date, time, and place of the administrative review hearing by certified mail. Such hearing shall be held no later than 45 calendar days after the Director receives the request, unless time is extended by mutual agreement of the affected parties.
(c) Submittals for the Hearing. At least 5 City business days prior to the hearing, the property owner and/or any Offending Party and the City shall submit to the hearing officer and exchange with one another, written information including, but not limited to, the following: a statement of the issues to be determined by the hearing officer, a statement of the evidence to be offered at the hearing, and the identity of any witnesses to appear at the hearing.
(d) Hearing Procedure. The hearing shall be conducted by a neutral hearing officer from a City office or department outside the Department of Public Works, appointed by the Director of Administrative Services.
(1) Hearing Request by an Owner. The burden of proof to establish that the property contains graffiti shall be on the City. The owner shall be entitled to present evidence and demonstrate that his or her property does not contain graffiti. The property owner shall also be entitled to present evidence and demonstrate that his or her property is burdened with a disproportionate share of graffiti vandalism, based on factors such as the frequency or extent of the graffiti, such that requiring the owner to remove the graffiti would result in an unfair hardship. All testimony shall be under oath, and witnesses may be cross-examined. The hearing officer shall ensure that a record of the proceedings is maintained. The determination of the hearing officer after the hearing shall be final and not appealable.
(2) Hearing Request by an Offending Party. The burden of proof to establish that the property contains graffiti and that the Offending Party defaced, damaged, or destroyed private property with graffiti or assisted another to deface, damage or destroy private property shall be on the City. The Offending Party shall be entitled to present relevant evidence. All testimony shall be under oath, and witnesses may be cross-examined. The hearing officer shall ensure that a record of the proceedings is maintained. The determination of the hearing officer after the hearing shall be final and not appealable.
(e) Decision. The hearing officer shall issue a decision including a summary of the issues and the evidence presented, and findings and conclusions, within 10 calendar days of the conclusion of the hearing. A copy of the decision shall be served upon the property owner and/or any Offending Party by certified mail. The decision shall be the City's final administrative determination. An aggrieved party may seek judicial review of the decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.