A. Factors in Hearing Officer's Decision. The hearing officer may affirm the administrative enforcement order imposed by the city, reduce the penalty, amend the abatement order, or find that the imposition of the penalty or abatement order is not warranted or is not in the interest of justice and vacate the order. In making his/her decision regarding the administrative enforcement order, the hearing officer shall consider evidence presented by all witnesses, the seriousness of the violation, the responsible party's efforts to correct the violation, the injury or damage, if any, suffered by any member of the public, any instances in which the responsible party has been in violation of the same or similar code provisions in the previous three years, and the amount of city staff time which was expended investigating and addressing the violation.
B. Format for Hearing Officer's Decision. A statement of decision of the administrative enforcement order appeal hearing officer shall be issued within thirty (30) calendar days of the hearing. The statement of decision shall be in writing, and shall contain a statement of the determination as to whether the administrative enforcement order is affirmed, amended or vacated, and the findings of fact supporting the determination. In addition, if the determination is to uphold or amend the administrative enforcement order, the statement decision must contain the following items:
1. A statement indicating the administrative enforcement order is now a final administrative enforcement order and that any appeal of the hearing officer's decision must be filed with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
2. If an advance deposit hardship waiver has been granted pursuant to VMC 1.13.062(D), a statement advising the responsible party that if the administrative penalty and appeal fee are not paid within the time specified, they shall be made a personal obligation of the owner, may be made a lien against the property owned by the responsible party against whom the penalty was imposed, and may be collected by special assessment.
3. In the case of an administrative abatement order, a statement that if the action identified is not taken within the time indicated, the City may perform the abatement itself, and the costs of the City's abatement shall be added to the penalty.
C. Service of the Hearing Officer's Decision. Upon issuance of the decision, the city shall serve a copy on the appellant by first class mail to the address provided by appellant in the written notice of appeal. The hearing officer's decision shall be deemed served two calendar days after the date it is mailed to the address provided by the appellant.
D. Appeal of the Hearing Officer's Decision. Any administrative penalty imposed against a responsible party pursuant to this chapter must be appealed in the manner and within the time provided in California Code of Civil Procedure Sections 1094.5 and 1094.6.
E. Payment. Any responsible party against whom an administrative penalty has been imposed who was granted an Advance Deposit Hardship Waiver pursuant to Section 1.13.060(D)(4) shall pay the administrative penalty to the city within twenty-five (25) calendar days of a final order or decision of the hearing officer. Any deposit made by responsible party pursuant to Section 1.13.060(D)(3) shall be applied toward the payment of the administrative penalty imposed by the hearing officer. Any deposit in excess of the amount imposed by the hearing officer shall be refunded to responsible party within a reasonable time. (Ord. 2006-15 § 2 (part), 2006)