(A) Any property owner or responsible party receiving a notice to abate a public nuisance shall, within ten (10) calendar days from the date of service of said notice, file an appeal of the notice to abate a public nuisance with the city manager.
(B) A notice of appeal of a notice to abate a public nuisance shall be in writing on a form approved by the city manager and/or shall identify the notice to abate a public nuisance being appealed, specify the basis for the appeal in sufficient detail so that a hearing officer can understand the grounds for the appeal, and an address where further notices may be delivered to the property owner or responsible party by first class mail. The notice of appeal of a notice to abate a public nuisance must be received by the city manager at city hall prior to the expiration of ten (10) calendar days from the date of service of the notice to abate a public nuisance.
1. The notice of appeal may be mailed or delivered to:
City Of Selma
Attn: City Clerk
1710 Tucker Street
Selma, CA 93662
(C) If the deadline for filing an appeal falls on a Saturday, Sunday or city holiday, the deadline for filing an appeal shall be extended until the next regular business day.
(D) As soon as practicable after receiving a written notice of appeal of a notice to abate a public nuisance, the city manager shall appoint a hearing officer and fix a date, time and place for a hearing. Written notice of the time and place of the hearing shall be served at least fifteen (15) calendar days prior to the date of the hearing to the party appealing the notice to abate a public nuisance by first class mail, postage prepaid, to the address given in the notice of appeal.
(E) The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this chapter.
(F) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's right to an administrative hearing confirming the existence of a public nuisance.
(G) Failure of any person to attend the hearing appealing the notice to abate a public nuisance shall constitute a waiver of his or her rights to appeal the existence of a public nuisance.
(H) Abatement of the public nuisance shall not proceed until the hearing officer issues an order, unless the city manager or his or her designee concludes that an imminent threat to the public's health and safety exists.
(I) The hearing of the appeal of the notice to abate a public nuisance shall be conducted in the same manner as an appeal of an administrative citation defined in chapter 20 of this title except that:
1. At the conclusion of the hearing, the hearing officer may confirm or deny the existence of a public nuisance, may extend or may impose conditions and deadlines by which the public nuisance may be abated;
2. In any event, the decision of the hearing officer shall be in writing and issued within ten (10) days of the conclusion of the hearing. The decision shall be served upon the appealing party by United States mail, first class, postage prepaid, and addressed to the address provided by the applicant in the notice of appeal.
(J) The decision of the hearing officer regarding an appeal of a notice to abate a public nuisance is the final administrative order and decision. There are no appeals to the city council. Judicial review in the superior court of the state of California may only be had in accordance with the provisions of Government Code section 53069.4.
(K) If the hearing officer issues an order confirming the existence of a public nuisance, the city may immediately abate the public nuisance pursuant to the procedures of this code. The hearing officer's decision shall become effective upon the date of the order. (Ord. 2013-8, 11-4-2013)