§ 1.16.100. Administrative hearings.

In addition to other specific hearing requirements set forth in this chapter, hearings shall be generally conducted as follows:

a.

Notice. A notice of the date, time, and place of the hearing to be conducted by the administrative hearing officer shall be issued pursuant to the provisions of section 1.16.090 of this chapter and filed with the clerk of the board. The hearing shall be set not less than ten (10) days after issuance of the notice.

b.

Administrative hearing officer. Pursuant to California Government Code Section 25845 and as may be amended, the hearing may be conducted by either the board of supervisors, the county hearing officer or the county hearing board as follows:

(1)

When the board of supervisors conducts an administrative hearing, the board shall consider the violations of land use ordinances, abatement orders, administrative citations, and recovery of abatement costs, including if applicable, ordering the enforcement officer to record a lien against the real property subject to the abatement proceeding and authorizing the costs to be placed as a special assessment on the county tax assessment rolls. The board of supervisors shall render a written decision within thirty (30) days after a hearing, setting forth findings and conclusions which shall be the record of the proceeding and filed with the clerk of the board. The written decision shall be issued to the property owner or any other responsible party who requested the hearing in the manner set forth in section 1.16.090 of this chapter. Said decision shall also specify the time allowed for judicial appeal of the decision rendered by the board of supervisors. A decision rendered by the board of supervisors is a final administrative determination on the matter.

(2)

The board of supervisors hereby delegates to the county hearing officer the authority to conduct administrative hearings. Said delegation shall include, but shall not be limited to all matters set forth in subsection B.(1) of this section. A decision rendered by the county hearing officer is a final administrative determination on the matter.

(3)

The board of supervisors further delegates its authority herein to a county hearing board, as may be designated by the board of supervisors, to conduct administrative hearings. Within fifteen (15) days following the conclusion of the hearing the county hearing board shall submit a written recommendation to the board of supervisors including any findings or conclusions pertaining thereto. A copy of the written recommendation shall be issued to the property owner or other responsible party who requested the hearing and shall become the record of the proceeding. The board of supervisors may adopt the recommended decision of the county hearing board without further notice of hearing, or may set the matter for a de novo hearing before the board of supervisors with notice thereof to the property owner or other responsible party.

(4)

The administrative hearing officer's decision may be recorded in the office of the county recorder.

C.

Conduct of the hearing. At the time fixed for the administrative hearing, the administrative hearing officer shall consider all relevant documents, statements, and objections, written or oral, which may be submitted by the county, property owner(s) or other responsible parties.

(1)

A property owner or other responsible party may be represented by another person who need not be an attorney, but any such representation shall be indicated on the record. Any non-attorney representing a property owner or other responsible party not present at the administrative hearing, shall submit a verified statement sufficient to evidence the consent of the absent person represented.

(2)

The enforcement officer who issued the notice or administrative citation shall not be required to personally attend but may participate in the hearing. Documents from the enforcement officer's file in the case shall be admitted as prima facie evidence of the facts stated therein.

(3)

The administrative hearing officer shall not be limited by the technical rules of evidence.

(4)

If the property owner or other responsible party requesting the appeal fails to appear at the administrative hearing, the hearing officer shall make a determination based on the information submitted.

d.

Continuance of the administrative hearing. The administrative hearing officer may grant an extension of time to continue the hearing based on good cause.

e.

Time to bring action. Unless the property owner or other responsible party presents an action in a court of competent jurisdiction within ninety (90) days after issuance of the final decision of the administrative hearing officer contesting the validity of any administrative abatement proceedings leading up to and including the decision of the administrative hearing officer, all objections to the proceedings and decision shall be deemed to have been waived.

(Ord. No. 725.14, § 10, 3-15-2011)