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Sec. 10-2.1021. Delivery of Notice.
   Any notice of violation or notice of imposition of administrative fines to be delivered pursuant to the requirements of this article shall be subject to the following:
   (a)   The notice shall state that the recipient has a right to appeal the matter as set forth in Section 10-2.1023;
   (b)   Delivery shall be deemed complete upon:
   (1)   Personal service to the recipient;
   (2)   Deposit in the U.S. mail, postage pre-paid for first class delivery; or
   (3)   Facsimile service with confirmation of receipt;
   (c)   If the recipient of notice is the owner, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the County; and
   (d)   If the owner or occupant of any private property cannot be located after the reasonable efforts of the Agency, the notice shall be deemed delivered ten (10) calendar days after posting on the property.
(Part 2, Ord. 1613-NS, eff. April 22, 2016)
Sec. 10-2.1022. Administrative Appeals.
   Any person receiving a notice of violation or notice of imposition of administrative fines may appeal the matter by requesting an administrative hearing.
   (a)   Request for Administrative Hearing. Any person appealing a notice of violation or notice of imposition of administrative fines, shall, within thirty (30) calendar days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the City Clerk, with a copy of the request for administrative hearing mailed on the date of filing to the Director. Thereafter, a hearing on the matter shall be held before the Hearing Officer within forty-five (45) calendar days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
   (b)   Hearing Proceedings. The City or its authorized representative shall appear in support of the notice of violation or notice of imposition of administrative fines, and the appealing party shall appear in opposition to the notice. The City shall have the burden of supporting the notice and any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.
   (c)   Final Decision and Appeal. The final decision of the Hearing Office shall be issued by mail within ten (10) calendar days of the conclusion of the hearing. The final decision shall be delivered by first-class mail, postage prepaid, to the appealing party at the address set forth in the request for an administrative hearing. Pursuant to California Government Code Section 53069.4, subdivision (b)(1), if the final decision is contested, review must be sought in the Superior Court as a limited civil case within twenty (20) days after the date of service of the final decision. A copy of the notice of appeal must be served on the Director either in person or by first class mail. If no notice of appeal is timely filed with the Superior Court, the final decision issued by the Hearing Officer shall be deemed confirmed and final.
(Part 2, Ord. 1613-NS, eff. April 22, 2016)
Sec. 10-2.1023. Abatement.
   If any corrective action required by an order issued pursuant to Section 10-2.1014 is not taken in full compliance with such order, the Director may cause the corrective action to be taken by the City and all persons required by Section 10-2.1014 to take such corrective action shall be jointly and severally liable to the City for the cost of such action. In cases where the public health and safety require emergency corrective action, the Director may cause the emergency corrective action to be taken by the City without a prior order or notice and all persons who own or are in possession of a well shall be jointly and severally liable to the County for the cost of such action.
(Part 2, Ord. 1613-NS, eff. April 22, 2016)
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