(a) Not later than 30 days after the date on which the administrative hearing concludes—or in the case of a hearing by written declaration, not later than 30 days after all necessary evidence is received—the Hearing Officer shall issue a written decision to uphold, modify, or dismiss the enforcement action. Failure by the Hearing Officer to strictly comply with this provision shall not invalidate the enforcement action nor the decision.
(b) The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to this Chapter. The decision shall be final.
(c) The Decision shall be served in accordance with this Chapter on all parties to the administrative hearing. Failure to receive a properly addressed decision shall not invalidate the enforcement action nor the decision.
(d) The hearing costs shall be advanced by the County. However, if the enforcement action is upheld, the Hearing Officer shall award the County reimbursement of the hearing costs, including the Hearing Officer's compensation. If the enforcement action is only partially upheld, the Hearing Officer may proportionately reduce the reimbursement for hearing costs that the County is awarded as the Hearing Officer deems appropriate. If the enforcement action is dismissed entirely, then the County shall bear the hearing costs.
(e) All upheld and awarded administrative fines, administrative fees, abatement costs, hearing costs, and other costs shall be paid by the liable parties to the County within 30 days from the date the decision is served.
(f) If the Hearing Officer determines that any administrative citation should be dismissed, the County shall retain the authority to issue additional administrative citations for additional violations, or to take any other enforcement action authorized by law.
(g) Any appeal of the Hearing Officer's decision must be made to the Superior Court within 20 days after service of the decision. No new evidence may be submitted with the appeal. The Hearing Officer's decision and the enforcement agency's evidence submitted at the administrative hearing shall constitute prima facie evidence of the facts contained in that evidence. Failure to file and serve an appeal within 20 days shall constitute a waiver of any appeal rights and the decision shall be deemed confirmed.
(§ 2, Ord. 1526, eff. October 29, 2020)