(A) If the enforcing officer determines that all violations have been timely corrected, the enforcing officer shall not be required to clear the notice. Timely abatement of a violation under this chapter shall not prohibit the enforcing officer from seeking a determination of existence of such violation from the County Hearing Officer.
(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 Chapter 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 Chapter 1.07 of San Benito County Code.
(C) Administrative hearing and decision or order:
(1) Pursuant to Cal. Gov’t Code §§ 25845(i) and 27721(a), the county hearing officer shall hold an administrative hearing as follows:
(a) If the enforcing officer issued a notice and order, the hearing shall be held no less than six calendar days after service of the notice and order. The county hearing officer shall determine whether:
1. The conditions existing on the property subject to the notice and order constitute a nuisance under this chapter; and
2. There is any other good cause why those conditions should not be abated;
(b) If the enforcing officer issued a NOV, the hearing shall be held within ten days from receipt of the written request for hearing. The county hearing officer shall determine whether:
1. The conditions existing on the property subject to the NOV constitute a nuisance under this chapter;
2. To impose, modify, or disapprove, in whole or in part, the proposed penalty set forth in the NOV; and
3. The enforcing officer may record the NOV.
(c) If the enforcing officer combined a notice and order with an NOV, the hearing shall be held no less than six calendar days after service of the notice. The county hearing officer shall determine whether:
1. The conditions existing on the property subject to the notice constitute a nuisance under this chapter;
2. There is any other good cause why those conditions should not be abated; and
3. To impose, modify, or disapprove, in whole or in part, by its own order, the proposed penalty set forth in the notice.
(2) The owner(s) and/or occupant(s) of the property shall be given an opportunity at the hearing to present and elicit testimony and other evidence regarding whether the conditions existing on the property constitute a nuisance under this chapter and whether there is any other good cause why those conditions should not be abated, and/or to contest the proposed amount of administrative penalty. Failure of the owner(s) and/or occupant(s) 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.
(3) In the event owner(s) and/or occupant(s) do not appear and present evidence at the hearing, the county hearing officer may base its decision and order solely upon the evidence submitted by the enforcing officer.
(4) 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.
(5) 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 owner(s) and/or occupant(s).
(6) The county hearing officer may continue the administrative hearing from time to time. Prior to a scheduled hearing, the enforcing officer or the owner(s) and/or occupant(s) may submit a written request for continuance to the county hearing officer within two calendar days following the time the party discovered or reasonably should have discovered the event or occurrence which establishes the good cause for the continuance. 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.
(7) The county hearing officer shall consider the matter de novo.
(8) After the hearing, the county hearing officer shall issue its decision in the form of an order which shall be served 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. The decision shall include the following:
(a) If the enforcing officer issued a notice and order:
1. Whether the determinations contained in the notice and order are affirmed, modified, or reversed; and
2. Findings related to the existence or non-existence of the alleged nuisance, as well as findings concerning the propriety and means of abatement of the conditions set forth in the notice and order.
(b) If the enforcing officer issued an NOV, whether the proposed penalty set forth in the NOV is imposed, modified, or disapproved, in whole or in part.
(c) If the enforcing officer combined a notice and order with an NOV, a decision which shall include the contents of the decision set forth in division (A)(8)(i) and division (A)(8)(h).
(9) The county hearing officer's decision shall be final and conclusive when signed by the county hearing officer and served as provided herein. 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. Payment of an administrative penalty specified in the county hearing officer's decision shall be made to the county within 20 calendar days of service of the decision, unless timely appealed to the Superior Court in accordance with Cal. Gov’t Code § 53069.4(b).
(Ord. 959, § 25, 2017)