(A) Notice of intention to record notice of violation. Except as otherwise provided by law, an enforcing officer who has knowledge that a violation of a county ordinance exists with respect to any real property may cause to be mailed to the then current owner of record, a notice of intention to record a notice of violation. The notice shall identify the property owner and shall contain a description of the property and of the violation. The notice shall describe the action necessary to abate the violation and the time limit within which such abatement shall be completed. The notice shall also specify a time, date, and place for an administrative hearing with a hearing officer. Hearing officer means the person with experience in considering written and oral evidence, making findings, and issuing determinations who is appointed by San Benito County to conduct hearings under this section. Additional procedural rules for the conduct of the administrative hearing and the appointment of hearing officers may be adopted by resolution of the Board of Supervisors. If for any reason a hearing officer is unavailable to conduct hearings, the Board of Supervisors shall conduct the hearings. Should the Board of Supervisors conduct hearings, the decision of the Board of Supervisors shall be final and there shall be no appeal under the procedures set forth in § 1.03.008 below.
(B) Notice of violation; clearance letter. If the owner fails to inform the hearing officer of his or her objection to recording the notice of violation and the violation has not been abated within the time limit set for compliance, the Enforcing Officer shall record the notice of violation with the County Recorder. If the owner abates the violation within the time limit set for compliance or if, after the owner has presented evidence, it is determined that there has been no violation, the Enforcing Officer shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, it is determined that a violation does exist, the Enforcing Officer shall record the notice of violation with the County Recorder.
(C) Appeal. Any owner of real property aggrieved by a decision of the hearing officer under this section may appeal the decision to the Board of Supervisors in accordance with the procedures set forth in § 1.03.008 below. The filing of an appeal shall not stay the recording of the notice of violation.
(D) Notice of removal of notice of violation. If it is determined, upon appeal, that there has been no violation or if all work necessary to abate the violation has been completed to the satisfaction of the Enforcing Officer, the Enforcing Officer shall record a notice of removal of notice of violation with the County Recorder.
(1966 Code, § 19-6) (Ord. 567, § 1(part); Ord. 816, §§ 1, 2, 3)