(a) The denial, suspension, or revocation of a license based on a property being in violation of the requirements of Chapter 6 of Division 3 of Title 6 of the County Code, may be appealed for a hearing before the Building Appeals Board. The format and process of the appeal shall be as required by § 63.0107 of the County Code. A decision by the Building Appeals Board shall be final and no further appeal within the County shall be available.
(b) The denial, suspension, or revocation of a license for a reason other than a reason referenced in Subdivision (a) may be appealed for a hearing before a County-appointed hearing officer as defined by §§ 12.2701, 12.2702, 12.2703, and 12.2705 of the County Code, or as otherwise authorized by the County Code or law. The hearing procedure shall include the following:
(1) At least ten days written notice of the hearing shall be given to the applicant or licensee prior to the hearing date. The hearing date may be postponed or continued by stipulation of the parties. If the applicant or licensee does not respond or appear, no further hearing procedure shall be required.
(2) Witnesses shall swear or affirm to tell the truth. The oath or affirmation shall be taken by the hearing officer. The County shall present its case first, with oral testimony and documentary evidence or other evidence. The County shall have the right of cross-examination. The applicant or licensee shall have the right to be represented and shall have the right of cross-examination. The applicant or licensee may present his or her response after the County has presented its case. Both parties may thereafter present argument.
(3) No determination or order shall be based solely on hearsay evidence. The hearing officer shall make his or her determination within five working days of the end of the hearing, unless a party requests a greater period of time. The determination shall be in writing, and shall state the findings upon which the determination is made. The decision by the hearing officer shall be final and no further appeal within the County shall be available.
(c) The denial, suspension, or revocation of a license for multiple reasons under both Subdivisions (a) and (b) shall be heard by the Building Appeals Board in the form and manner defined by § 63.0107 of the County Code. A decision by such body shall be final and no further appeal within the County shall be available.
(Ord. 4044, passed - -2008; Am. Ord. 4328, passed - -2017)