A. In order to hear appeals or other hearings brought under this chapter, the Board of Supervisors authorizes the use of a hearing officer appointed pursuant to Yolo County Code § 1-5.09.
B. The hearing officer may continue the appeal hearing from time to time for good cause.
C. The hearing officer shall consider the matter de novo.
D. The appellant shall be given an opportunity at the hearing to present and elicit testimony (including by cross-examination) and other evidence regarding whether the violation(s) listed on the Notice constitute a violation of this chapter, and/or to contest the proposed amount of administrative penalty. Failure of the appellant to appear and present evidence at the hearing shall be deemed a withdrawal of the request for hearing and shall constitute a failure to exhaust administrative remedies.
E. The appellant may choose to be represented by an attorney; however, formal rules of evidence or procedure shall not apply, including rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
F. The standard of proof shall be by a preponderance of the evidence and the burden of proof to establish the existence of the violation shall be borne by the County. The burden of proof that the violation has been corrected shall be borne by the appellant.
G. The hearing shall be conducted in the English language. The proponent of any testimony by a witness who does not proficiently speak the English language shall provide an interpreter, at its sole cost, who has been certified as an interpreter by either the State of California or the County of Yolo.
H. After the hearing, the hearing officer shall render their written decision affirming, reversing or modifying the determination made by the Enforcing Officer about the alleged violation. If the violation is affirmed, the decision shall include a statement that the County is entitled to recover its abatement costs and administrative penalties. If the hearing officer determines that the violation continues to exist, the decision shall also order that the owner of the property and/or the Licensee correct the violation within the timeframe required by the hearing officer.
I. A copy of the decision shall be served on the parties upon whom the Notice was served pursuant to § 12-04.18(A)(3) or in the manner agreed upon by the parties. The decision shall be final and conclusive when signed by the hearing officer and served as provided by this subsection.
J. Payment of abatement costs and an administrative penalty specified in the hearing officer’s decision shall be made to the County within twenty (20) calendar days of the decision, unless timely appealed to the Superior Court in accordance with Government Code section 53069.4, subdivision (b). (§ 2, Ord. 1557, eff. January 21, 2023)