§ 1.07.040 GENERAL AUTHORITY OF HEARING OFFICER.

   The Board of Supervisors may, in its discretion, appoint a county hearing officer, and a County Department may, in its discretion and with the approval of the Board of Supervisors, direct such an officer to conduct the following:

   (A)   Permit denial, revocation and suspension hearings;

   (B)   Any other proceeding when a state law or local ordinance provides that a hearing be held and that findings of fact or conclusions of law be made by any agency;

   (C)   Administrative enforcement hearings pursuant to Chapters 1.06, 7.02, and 11.15 of the San Benito County Code;

   (D)   Administrative appeals regarding a grant or denial of a waiver request submitted pursuant to Chapter 7.02 or 11.15 of the San Benito County Code;

   (E)   Administrative appeals from any person aggrieved by issuance of a permit the Cannabis Coordinator under Ch. 7.02 of the San Benito County Code;

   (F)   Administrative appeals from the property owner on whether violations of this code exist on such property where the responsible enforcing officer issued a Refusal to Issue or where an NOV was recorded with the County Recorder in accordance with Ch. 1.06 of this code;

   (G)   Administrative appeals regarding summary abatement proceedings pursuant to Ch. 1.06 of this code;

   (H)   Lien hearings pursuant to Chapters 1.06 and 11.15 of the San Benito County Code.

   (I)   In addition, the Board of Supervisors authorizes the county hearing officer to conduct hearings on requests for extended amortization pursuant to Ord. 949, the urgency marijuana cultivation ordinance. Any such hearings shall be conducted as a noticed public hearing and subject to the same mailed notice requirements as required by Ord. 949. The hearing officer shall be required to make the same findings as required for approval as would the Board of Supervisors, specifically, that that there is sufficient evidence in the record to determine that approving or conditionally approving the application is required in order to avoid an unconstitutional taking of property, or that the applicant has shown that three month amortization period is not a reasonable amortization period pursuant to state law. The decision of the county hearing officer shall be final and conclusive. Once directed to conduct any of the above-referenced hearings, a county hearing officer is authorized to issue subpoenas, to receive evidence, to administer oaths, to rule on questions of law and the admissibility of evidence and to prepare a record of the proceedings as specified more particularly herein. An agency may, but need not be, present during any hearing.

(Ord. 961, § 1, 2017)