A. Within 30 business days after the presentation of all evidence and testimony, including any relevant evidence and testimony presented by the Responsible Party, the Administrative Hearing Officer shall issue an Administrative Hearing Order which affirms or rejects the Administrative Civil Penalties Notice and Order or which modifies the daily rate or duration of the Administrative Civil Penalties depending upon the review of the evidence and application of the criteria in Section 9.93.040 of this Chapter. Failure of the Administrative Hearing Officer to render a decision within this time period does not invalidate any action of the Administrative Hearing Officer. The Administrative Hearing Officer's decision must be in writing and must set forth the administrative Hearing Officer's findings of fact and conclusions of law. The Administrative Hearing Officer may increase or decrease the total amount of civil penalties and costs that were assessed by the Administrative Civil Penalties Notice and Order upon a showing of good cause and in consideration of the factors listed in Section 9.93.040 of this Chapter.
B. The Administrative Hearing Officer may issue an Administrative Hearing Order that requires the Responsible Party to cease from violating the Municipal Code and to make necessary corrections.
C. As part of the Administrative Hearing Order, the Administrative Hearing Officer may establish specific deadlines for the payment of civil penalties and costs and condition the total or partial assessment of Administrative Civil Penalties on the Responsible Party's compliance by specified deadlines.
D. The Administrative Hearing Officer may issue an Administrative Hearing Order which imposes additional Administrative Civil Penalties that will continue to be assessed until the Responsible Party complies with the Administrative Hearing Officer's decision and corrects the violation.
E. The Administrative Hearing Officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the Administrative Hearing Order.
F. The Administrative Hearing Order shall be served on all parties by any one of the methods listed in Section 9.93.035 of this Chapter.
G. The Administrative Hearing Order must contain the following statement: "The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq." The Administrative Hearing Order shall become final on the date of service of the Order, unless any party files a written request for reconsideration or modification with the City Manager within fifteen days after the date of service of the Order.
H. A request for reconsideration or modification of an Administrative Hearing Order may only be based upon an error of law or new evidence not available to the requesting party at the time of the Administrative Hearing. The decision of the Administrative Hearing Officer on the request for reconsideration or modification shall become final on the date of service of the decision by any one of the methods listed in Section 9.93.035 of this Chapter.
(Ord. MC-1553, 2-17-21)