(A) If the enforcing officer determines that all violations have been timely corrected, the enforcing officer may clear the notice and no hearing shall be required.
(B) The Board of Supervisors may delegate its authority to conduct the administrative proceedings set forth in this section to the County Hearing Officer appointed by the Board of Supervisors pursuant to Ch. 1.07 of the San Benito County Code and Cal Gov't Code § 27720, as amended. The Hearing Officer shall have full authority and duty to preside over hearings in the manner set forth in Ch. 1.07 of the San Benito County Code.
(C) Administrative hearing and recommended decision. Pursuant to Cal. Gov't Code § 25845(h), and Chapter 1.07 of the San Benito County Code, the County Hearing Officer shall hold an administrative hearing as follows:
(1) A hearing shall be held within 30 days of the county's receipt of a written request for an administrative hearing, unless the parties agree otherwise, and the county shall provide notice of the time, date, and location of the hearing. Hearings may be held virtually at the election of the county.
(2) At the hearing, the County Hearing Officer shall determine:
(a) With respect to a notice of violation:
1. Whether the conditions existing on the property constitute a nuisance under this chapter;
2. Whether to impose, modify, or disapprove, in whole or in part, any proposed administrative penalties; and
3. Whether the enforcing officer may record any notices.
(b) With respect to a notice to abate:
1. Whether the conditions existing on the property constitute a nuisance under this chapter;
2. Whether there is any other good cause why those conditions should not be abated;
3. Whether the hearing officer should impose, modify, or disapprove, in whole or in part, any proposed administrative penalties; and
4. Whether the hearing officer should permit the enforcing officer to record any notices.
(c) With respect to post-deprivation notices:
1. Whether the conditions existing on the property constitute a nuisance under this chapter;
2. Whether the conditions existing on the property constituted an immediate threat the public health, safety, and/or welfare such that the alternative procedures set forth in this chapter would not have resulted in abatement of the nuisance within a short enough period of time to avoid said threat;
3. Whether the Hearing Officer should impose, modify, or disapprove, in whole or in part, any proposed administrative penalties; and
4. Whether the means of abatement were reasonable.
(d) With respect to stop work notices.
1. Whether the conditions existing on the property constitute a nuisance under this chapter;
2. Whether the hearing officer should impose, modify, or disapprove, in whole or in part, any proposed administrative penalties.
(e) With respect to a notice of refusal to issue permits:
1. Whether the conditions existing on the property constitute a nuisance under this chapter.
(3) At the hearing, the responsible parties shall be given an opportunity to present and elicit testimony and other relevant evidence. Failure of the responsible parties to appear and present evidence at the hearing shall be deemed a withdrawal of the request for hearing or a waiver of the right to be personally present at the hearing, and shall constitute a failure to exhaust administrative remedies.
(4) In the event that the responsible parties do not appear and present evidence at the hearing, the County Hearing Officer may base its recommended decision solely upon the evidence submitted by the enforcing officer.
(5) Any hearing conducted pursuant to this chapter need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The County Hearing Officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
(6) The standard of proof shall be by a preponderance of the evidence and the burden of proof to establish the existence of the nuisance shall be borne by the enforcing official. The burden of proof that the nuisance has been abated shall be borne by the responsible parties.
(7) The County Hearing Officer may continue the hearing from time to time. Prior to a scheduled hearing, the enforcing officer or the responsible parties may submit a written request for continuance to the county hearing officer. The County Hearing Officer shall issue his or her determination by any means likely to provide notice to the parties at the soonest time possible. In the event the request for continuance is granted, the county hearing officer shall also provide the date and time for the rescheduled hearing.
(8) The County Hearing Officer shall consider the matter de novo.
(9) After the hearing, the County Hearing Officer shall issue a recommended decision in the form of a resolution which shall be served in any manner agreed upon by the parties. If no manner is agreed upon, then service shall be by first class mail, postage prepaid, to, or personally served upon, all parties appearing at the hearing and any other parties upon whom the notice was served.
(D) The Board of Supervisors shall review the following all recommended decisions from the County Hearing Officer as follows:
(1) The county shall promptly present the recommended decision to the Board of Supervisors. The Board of Supervisors may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the Board of Supervisors.
(2) In the event that the Board of Supervisors sets the matter for de novo hearing, such hearing shall be held in accordance with the provisions of this section.
(3) The decision of the Board of Supervisors shall become effective upon issuance thereof and shall be served by first class mail, postage prepaid, or personally served upon, all parties appearing at the hearing and any other parties upon whom the notice was served. Service shall be deemed to have been completed upon personal service and/or the deposit of said decision, postage prepaid, in the United States mail.
(4) The decision of the Board of Supervisors shall be final and conclusive.
(Ord. 960, § 1, 2017; Ord. 1,029, § 2(part), 2021)