CHAPTER 136
Code Hearings Officer
Section
General Provisions
136.01 Established
136.02 Jurisdiction
136.03 Definitions
136.04 Enforcement
Code Enforcement Procedures
136.10 Initiation of proceeding
136.11 Setting of hearings
136.12 Notice of hearing
136.13 Notice; rights; procedure
136.14 Hearings procedure
136.15 Subpoenas
136.16 Discovery of documents and things
136.17 Evidence
136.18 Code hearings officer authority
136.19 Continuance of tenancy
136.20 Proposed and final orders
136.21 Orders
136.22 Petitions for reconsideration, rehearing
136.23 Judicial review
136.24 Assessments
Appeals to the Code Hearings Officer
136.30 [Reserved]
136.31 Jurisdiction
136.32 Initiation of appeal
136.33 Hearings
136.34 Hearings procedure
136.35 Nature of determination
GENERAL PROVISIONS
136.01 ESTABLISHED.
The office of Code Hearings Officer is hereby created. The Code Hearings Officer is authorized to decide matters arising under this Code except citations to court or as expressly provided otherwise in this Code. The Code Hearings Officer shall be appointed by the City Manager or designee. The appointment of a Code Hearings Officer may be for a specific term, for a particular proceeding, or for a group of proceedings. If the city elects not to fill the Office of Code Hearings Officer, the City Council shall serve as the decision-making authority. The City Council retains the right to designate a proceeding, or types of proceedings, to be heard by the City Council in lieu of the Code Hearings Officer.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.02 JURISDICTION.
The Code Hearings Officer shall have jurisdiction over decisions and appeals as provided in this Code, including, but not limited to, citations for code violations unless cited into court or as otherwise provided in this Code. Notwithstanding the foregoing, prior to issuance of the decision of the Code Hearings Officer, the City Manager or designee retains jurisdiction to informally resolve or settle any citation, enforcement matter or city appeal pending before the Code Hearings Officer, or to settle or resolve an appeal with the consent of the party who filed the appeal, in which case the matter shall be dismissed.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.03 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CIVIL PENALTY. An amount imposed by the Code Hearings Officer pursuant to a citation for violation of this Code. It has the same meaning as the term “fine” in Chapter 138.
CODE HEARINGS OFFICER. The Code Hearings Officer appointed pursuant to § 136.01.
COMPLAINT. A document initiating an action to enforce this Code other than a citation provided for in Chapter 138.
MONETARY OBLIGATION. An amount, other than a civil penalty, imposed by the Code Hearings Officer, including but not limited to reimbursement of city expenses in abating a nuisance.
PARTY. Unless expressly provided otherwise in this Code, a person subject to an enforcement complaint and a person entitled to appeal a decision of the city, including:
(1) The City of Hermiston;
(2) The owner or occupant(s) of property alleged to constitute a nuisance or who may be subject to an order to abate, close, demolish or vacate the property, including under Chapters 135 or 136, if different from the respondent; and
(3) Any person entitled to notice of the decision of the city.
RESPONDENT. The party or parties whom the city alleges in the complaint, citation or city appeal to have committed a violation or other noncompliance with the City Code or to be responsible for such violation or noncompliance.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.04 ENFORCEMENT.
(A) An order of the Code Hearings Officer, including on a citation, is a legally binding obligation to take such action, refrain from action or pay any civil penalty or monetary obligation. The city may institute appropriate suit or legal action, in law or equity, in any court of competent jurisdiction to enforce or collect on the provisions of any order of the Code Hearings Officer.
(B) Failure of a party to comply with an order of the Code Hearings Officer, other than for the payment of a civil penalty or monetary obligation is a Class C violation of this Code. Each day of noncompliance shall constitute a separate violation.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
CODE ENFORCEMENT PROCEDURES
136.10 INITIATION OF PROCEEDING.
(A) A proceeding before the Code Hearings Officer, other than an appeal, shall be initiated as provided in this section. The procedures for making a land use decision in Title XV or state law shall not apply except as required by state law.
(B) In lieu of citing into municipal or circuit court, a violation of this Code may be cited to the Code Hearings Officer. The citation shall substantially conform with the requirements of Chapter 138. Except as provided below or otherwise provided by law, the Code Hearings Officer shall have the same authority as a judge and the provisions of Chapter 138 shall apply to a citation proceeding before the Code Hearings Officer:
(1) A citation may be issued on probable cause regardless of whether the violation was committed in the presence of the city officer or personally observed by the city officer.
(2) The City Attorney may elect to appear regardless of whether counsel for the defendant appears.
(3) The Code Hearings Officer may, but is not required to, apply the rules adopted by the Supreme Court for the conduct of violation proceedings in court.
(4) The rules of evidence do not apply. The Code Hearings Officer may consider any evidence that a person would reasonably rely on in the conduct of serious affairs, including out of court statements, affidavits and declarations. No person, however, shall be required to provide evidence that is privileged or have such refusal be the basis of an adverse determination.
(5) The Code Hearings Officer is not authorized to order restitution as that term is used in ORS 137.103 through 137.109.
(6) The Code Hearings Officer is not authorized to hold any person in contempt. This does not preclude the Code Hearings Officer or city from making application to a court for contempt as provided by law.
(7) Failure to appear before the Code Hearings Officer on a citation may be prosecuted only by a new citation for a Class B violation.
(8) If the person does not appear, the Code Hearings Officer may decide the citation, complaint or appeal based on the record, including any additional evidence presented.
(C) Any action to enforce the Code before the Code Hearings Officer, other than an appeal or citation, shall be only initiated by the city filing a complaint with the Code Hearings Officer on forms provided by the city. Nothing, however, precludes the Code Hearings Officer from hearing a citation for a civil penalty in conjunction with an action to enforce the Code under this subsection. The complaint shall contain:
(1) The name of the respondent.
(2) The address or location at which the violation is alleged to have occurred.
(3) A short and plain statement of the alleged violations, including a reference to the particular statutes, rules, or regulations involved.
(4) The nature of the relief sought by the city.
(5) The name, title, and signature of the person initiating the proceeding on behalf of the city.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.11 SETTING OF HEARINGS.
(A) Upon filing of a complaint, the Code Hearings Officer shall specify a time, date, and place for a hearing on the complaint and the matters alleged therein.
(B) The date set for hearing shall be not less than 14 days nor more than 30 days after the date the complaint is filed, except that the Code Hearings Officer may specify a date for hearing less than 14 days after the complaint is filed where it appears that the alleged violation poses an immediate and serious hazard to the public health, safety, or welfare or to the life, health, safety, welfare, or property of any person.
(C) The Code Hearings Officer may postpone, continue, set over, or reschedule any hearing on their authority, with the consent of all parties or on the motion of any party for good cause shown.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.12 NOTICE OF HEARING.
(A) The city shall give notice of the hearing, together with a copy of the complaint, to the respondent and all other parties not less than five calendar days prior to the date set for hearing except that the Code Hearings Officer may set a shorter period when it appears that the alleged violation poses an immediate and serious hazard to the public health, safety, or welfare or the life, health, safety, welfare, or property of any person.
(B) The notice of the hearing shall specify the time, date, and place set for the hearing.
(C) Notice may be served by:
(1) Personally delivering the notice to the party.
(2) Mailing the notice by United States mail, postage prepaid, and addressed to the last known residence or business address of the party. Notice mailed shall be deemed served on the date that is three days (Sundays and city holidays not included) after the notice is deposited in the United States mail.
(3) Any method authorized by the Oregon Rules of Civil Procedure for the service of summons.
(4) If the party or address of the party is unknown or appears to be avoiding service, any other method authorized in such circumstances by the Oregon Rules of Civil Procedure. If notice is given by mail, such notice shall be deemed given and received three days (Sundays and holidays not included) after the notice is deposited in the United States mail.
(5) If the property is alleged to constitute a nuisance, or may be subject to an order to abate, close, demolish or vacate the property, including under Chapters 135 or 136, notice of the hearing shall be posted on the property.
(6) If the matter is a land use decision as defined by state law or this Code, notice as required for such land use decision.
(D) The Code Hearings Officer may require that notice of the hearing shall also be given to any other person who reasonably appears to have an interest in the property involved or who reasonably appears may be adversely affected by any determination, decision, or order of the Code Hearings Officer.
(E) Except as otherwise provided by law, the failure of any person to receive actual notice of the proceeding shall not invalidate the hearing or any determination, decision, or order of the Code Hearings Officer.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.13 NOTICE; RIGHTS; PROCEDURE.
(A) Prior to the commencement of a contested hearing, the Code Hearings Officer shall outline the following and inform each party to the hearing of the following matters:
(1) A general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections may be made to the introduction of evidence and what kind of objections may be made, and an explanation of the burdens of proof or burdens going forward with the evidence. In the case of a citation, that the person is not required to be a witness.
(2) That a record will be made of the proceedings and the manner of making the record and its availability to the parties.
(3) The function of the record-making with respect to the perpetuation of the testimony and evidence and with respect to any appeal from the determination or order of the Code Hearings Officer.
(4) Whether an attorney will represent the city in the matters to be heard and whether the parties ordinarily and customarily are represented by an attorney.
(5) The title and function of the Code Hearings Officer, including the effect and authority of the Code Hearings Officer’s determination.
(6) In the event a party is not represented by an attorney, whether the party may, during the course of proceedings, request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party’s rights.
(7) Whether there exists an opportunity for an adjournment at the end of the case and the party then determines that additional evidence should be brought to the attention of the Code Hearings Officer and the hearing is reopened.
(8) Whether there exists an opportunity after the hearing and prior to the final determination or order of the Code Hearings Officer to review and object to any proposed findings of fact, conclusions of law, summary of evidence, or order of the Code Hearings Officer.
(9) A description of the appeal or judicial review process from the determination or order of the Code Hearings Officer.
(10) If the matter constitutes a land use decision under state law, any statement required by state law or Title XV.
(B) The information required to be given to a party to a hearing under subsection (A) of this section may be given in writing or orally before commencement of the hearing.
(C) The failure to give notice of any item specified in subsection (A) of this section or other procedural irregularity shall not invalidate any determination or order of the Code Hearings Officer unless on appeal from or review of the determination or order a court finds that the failure substantially prejudices the rights of the complaining party. In the event of such a finding, a reviewing court shall, at the request of the city or the court, may on its own authority, remand the matter to the Code Hearings Officer for a reopening of the hearing and shall direct the Code Hearings Officer as to what steps shall be taken to remedy the prejudice to the rights of the complaining party. (Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.14 HEARINGS PROCEDURE.
(A) Unless precluded by law, informal disposition of any proceeding may be made, with or without a hearing by stipulation, consent order, agreed settlement, or default. However, after issuance of notice of hearing, unless consented to by the occupants no building occupied as a residential structure may be vacated based on an informal disposition unless approved by the Code Hearings Officer.
(B) Parties may elect to be represented by counsel and to respond to and present evidence and argument on all issues involved.
(C) An order adverse to a party may be issued upon default only upon a prima facie case made on the record before the Code Hearings Officer.
(D) Testimony shall be taken upon oath or affirmation of the witness from whom received. The Code Hearings Officer may administer oaths or affirmations to witnesses.
(E) The Code Hearings Officer shall place on the record a statement of any conflicts of interest and the substance of any written or oral ex parte communications made to the Code Hearings Officer on a fact in issue during the pendency of the proceedings. The Code Hearings Officer shall notify the parties of the communication and of their right to rebut such communications.
(F) The record in a proceeding before the Code Hearings Officer shall include:
(1) All pleadings, motions, and intermediate rulings;
(2) Evidence received or considered;
(3) Stipulations;
(4) A statement of matters officially noticed;
(5) Questions and offers of proof, objections, and rulings thereon;
(6) A statement of any conflicts of interest or ex parte communications on a fact in issue made to the Code Hearings Officer during the pendency of the proceedings;
(7) Proposed findings and exceptions; and
(8) Any proposed, intermediate, or final order prepared by the Code Hearings Officer.
(G) A verbatim, written, mechanical, or electronic record shall be made on all motions, rulings, and testimony. A party may request transcription of the record for the purposes of court review upon payment of the reasonable costs of preparing the transcript. If the party prevails on such review, the reasonable costs of preparing the transcript shall be allowed as a part of that party’s costs in such action.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.15 SUBPOENAS.
(A) The Code Hearings Officer may, in their discretion, issue subpoenas upon a showing that issuance is necessary to obtain relevant testimony not otherwise available. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the city, shall receive fees and mileage as prescribed by law for witnesses in civil actions.
(B) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which they may be lawfully interrogated, the judge of the Circuit Court of any county, on the application of the Code Hearings Officer, or of a designated representative of the Code Hearings Officer, or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of subpoena issued from such court or a refusal to testify therein.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.16 DISCOVERY OF DOCUMENTS AND THINGS.
(A) In a prosecution of a citation, the city shall provide discovery as required by law.
(B) On petition of any party and a showing of the general relevance of the documents or things sought, the Code Hearings Officer may enter an order directing any party to produce and make available to the petitioning party to inspect and copy any documents or to inspect and copy, test, or sample any things which are in the possession of a party.
(C) The order directing a party to produce and make available documents or things may require the petitioning party to pay the party producing documents and things that party’s reasonable costs associated with such production.
(D) The Code Hearings Officer shall not enter an order requiring a party to produce any document or thing which is privileged under the rules of privilege recognized by law or which is subject to an exemption from disclosure under the Oregon Public Records Law.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.17 EVIDENCE.
(A) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Erroneous rulings on evidence shall not preclude action by the Code Hearings Officer on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. The Code Hearings Officer shall give effect to the rules of privilege recognized by law. Objections to evidence may be received in written form.
(B) All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except as provided in subsection (D) of this section, no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies of excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position.
(C) In an enforcement proceeding, every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence.
(D) The Code Hearings Officer may take notice of judicially recognizable facts, and the Code Hearings Officer may take official notice of general, technical, or scientific facts within the specialized knowledge of city employees. Parties shall be notified at any time during the proceeding, but in any event prior to the final decision, of material officially noticed and they shall be afforded an opportunity to contest the facts so noticed.
(E) No sanction shall be imposed or order be issued except upon consideration of the whole record as supported by, and in accordance with reliable, probative, and substantial evidence.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.18 CODE HEARINGS OFFICER AUTHORITY.
In addition to any authority otherwise granted in the Code, the Code Hearings Officer may:
(A) Order a party found to not be in compliance with this Code or any applicable rule or regulation issued thereunder to comply with the provisions of the Code or the applicable rule or regulation within such time as the Code Hearings Officer may by order allow. The order may include but is not limited to requiring such party to do any and all of the following:
(1) Make any and all necessary repairs, modifications, or improvements to the structure, real property, or equipment involved.
(2) Abate or remove any nuisance.
(3) Change the use of the building, structure, or real property involved.
(4) Install any equipment necessary to achieve compliance.
(5) If the order is in conjunction with a citation, pay a civil penalty in the amount of the presumptive fine or fine provided for in the applicable chapter or Chapter 138 for the class of violation.
(6) Pay costs and attorney fees if otherwise authorized by this Code.
(7) Take any other action reasonably necessary to correct the violation or mitigate the effects thereof.
(B) If the Code Hearings Officer determines that a party is unwilling, unable, refuses, or fails to comply with an order to abate or mitigate a nuisance, including, but not limited to, vacating or demolishing a building or structure, the Code Hearings Officer may authorize the city to take such actions as the Code Hearings Officer determines are reasonably necessary, including abatement, and that the person found in violation pay the city’s reasonable costs thereof.
(C) Where the Code Hearings Officer finds that there is noncompliance with the provisions of Chapters 134 or 135, the Code Hearings Officer, in addition to the powers set out in subsections (A) and (B) of this section, may:
(1) Authorize the city to act pursuant to §§ 135.050 to 153.053;
(2) Provided notice has been given to occupants as required by § 136.12, order a building or structure vacated or demolished when it reasonably appears that such measures are reasonably required to protect the health, safety, or property of the general public, the occupants of the structure, or that of adjacent landowners and residents. Where vacation or demolition is ordered, the Code Hearings Officer may direct that the person found in violation of the Code undertake any and all interim measures as may be necessary and pay the reasonable costs of relocation. The Code Hearings Officer shall grant such reasonable time as appropriate to vacate in consideration of the immediacy of the risk of harm;
(3) Act as the Building Code Board of Appeals in a case already before the Code Hearings Officer and which requires application of Chapter 135; and
(4) Require the party found in noncompliance to prepare a cost estimate of the repairs made necessary to achieve compliance and the impact of these repairs will have on the cost of doing business and, if applicable, future rent levels. In assessing costs to repair under this section, the Code Hearings Officer may require the person found in violation to contact public and private agencies, institutions, and other sources of property improvement funds to determine the availability of funds needed for repairs.
(Ord. 2302, passed 4-27-20)
136.19 CONTINUANCE OF TENANCY.
After issuance of a notice of hearing, and until such time as the Code Hearings Officer issues a final decision, no person, including the city, shall take any action that results in the vacation of a building used for residential occupancy without the consent of the occupant(s) or permission of the Code Hearings Officer, except that in cases where buildings are found to be imminently hazardous, the Building Official or Chief Fire Marshal may order the building vacated as provided by law if no other means are reasonably available to eliminate the imminent hazard.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20. Formerly 136.18)
136.20 PROPOSED AND FINAL ORDERS.
The Code Hearings Officer shall prepare and mail to all parties an order. The proposed order shall become final on the date mailed unless specified otherwise in the order. The Code Hearings Officer may issue a proposed order and provide the parties not less than ten days to review and comment before issuance of a final order.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20. Formerly 136.19)
136.21 ORDERS.
(A) Every order shall be in writing or stated in the record and may be accompanied by an opinion.
(B) Unless otherwise stipulated, a final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the Code Hearings Officer’s order.
(C) Every final order shall include a citation of the ordinances under which the order may be judicially reviewed.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20. Formerly 136.20)
136.22 PETITIONS FOR RECONSIDERATION, REHEARING.
(A) A person subject to an enforcement complaint, the person appealing a decision of the city or the city may file a petition for reconsideration or rehearing on a final order with the Code Hearings Officer within ten days after the order is mailed. The party filing the petition shall serve the petition on all parties.
(B) The petition shall set forth the specific ground or grounds for requesting the reconsideration or rehearing. The petition may be supported by written argument.
(C) The Code Hearings Officer may grant a request for reconsideration if good and sufficient reason therefor appears. If the petition is granted, an amended order shall be issued.
(D) The Code Hearings Officer may order a rehearing if good and sufficient reason therefor appears. The rehearing may be limited by the Code Hearings Officer to specific matters. If a rehearing is held, an amended order may be issued.
(E) Except as provided in subsection (F) of this section, the filing of a petition for reconsideration or rehearing shall not stay the effectiveness of the order. Prior to the filing of an appeal of the Code Hearings Officer, the Code Hearings Officer, at any time, and upon a showing of due diligence, may set aside, modify, vacate, or stay any final order, or reopen any proceeding for additional hearing when necessary to prevent a clear and manifest injustice to a party or other person adversely affected by such order.
(F) Denial of a petition for reconsideration or rehearing is not separately appealable. The filing of a petition for reconsideration or rehearing shall toll the appeal period on the original order. Upon issuance of a decision denying the reconsideration or rehearing petition, or an amended order, the appeal period shall resume but in no event shall a party have less than ten days from the date of mailing to file an appeal.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20. Formerly 136.21)
136.23 JUDICIAL REVIEW.
Unless expressly provided otherwise in this Code, review of the final order of a Code Hearings Officer under this chapter by any aggrieved party, including the city, shall be by writ of review to the Circuit Court of Umatilla County, Oregon, as provided in ORS 34.010 through 34.100, except that review of an order constituting a land use decision under state law shall be to the Land Use Board of Appeals as provided in ORS 197.830.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20. Formerly 136.22)
136.24 ASSESSMENTS.
(A) Any unpaid monetary obligation or civil penalty imposed by the Code Hearings Officer, including, but not limited to: reimbursement of city costs of abatement, demolishing a building or structure or relocating occupants, is debt due and owing to the city and shall, upon filing or recording as provided by law, be an assessment lien upon the property subject to the order.
(B) The city shall furnish a statement of its costs to the person responsible for payment, in person or by United States mail, postage prepaid and addressed to person’s residence or place of business, and shall file a copy of such statement for the Code Hearings Officer with proof of service attached. If no objection to such statement is filed with the Code Hearings Officer, within ten days from the date of service or mailing, the Code Hearings Officer shall certify such statement and forward the same to the Finance Officer who shall forthwith, if not paid, enter the same in the city lien docket. If an objection to the statement is received within the ten-day period, the Code Hearings Officer shall schedule and hold an appeal hearing pursuant to §§ 136.32 to 136.35. After the hearing, the Code Hearings Officer shall certify such statement, or so much of it as determined to be correct and proper, and forward it to the Finance Officer.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
APPEALS TO THE CODE HEARINGS OFFICER
136.30 [RESERVED].
136.31 JURISDICTION.
(A) Whenever, pursuant to any portion of this Code or otherwise provided by law, a person has the right to appeal a city decision or determination, such appeal shall be in accordance with §§ 136.30 to 136.35. If the city has elected not to appoint a Code Hearings Officer or City Council has retained authority to hear the appeal either as provided in this Code or by resolution, appeals shall be to the City Council, unless Council made the decision, in which case the appeal shall be to a court by writ of review or, for a statutory land use decision, to the Land Use Board of Appeals. Appeals of decisions on annexations or land use applications and permits shall be as provided in Title XV.
(B) No person shall have a right of appeal unless the right of appeal is expressly provided for in this Code or otherwise provided by law.
(C) Notwithstanding any other provision of this Code, prior to issuance of a decision on the appeal, the City Manager or designee retains jurisdiction and authority to settle or compromise any matter on appeal or withdraw any city appeal. Upon successful resolution, the City Manager or designee shall inform the Code Hearings Officer or Council and the appeal shall be dismissed.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.32 INITIATION OF APPEAL.
(A) Unless otherwise specified in this Code, a request for an appeal hearing shall be filed within ten days after the date of the decision or determination. The Code Hearings Officer may waive this requirement for good cause shown not to exceed 30 days.
(B) The request for an appeal hearing shall be in writing and shall contain either a copy of, or a full and complete description of, the decision or determination appealed from and a statement of grounds upon which it is contended that the decision or determination is invalid, unauthorized, or otherwise improper, together with such other information as relevant. The city may specify and provide hearing request forms to be used by persons requesting hearings.
(C) The appeal shall be de novo but shall be limited to the grounds stated in the appeal unless the Code Hearings Officer finds good cause to expand the scope of the appeal. The Hearings Officer shall grant a continuance as reasonably necessary to avoid prejudice to any party.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.33 HEARINGS.
(A) Upon receipt of an appeal, the Code Hearings Officer shall schedule and hold an appeal hearing within 30 days after the receipt of such request.
(B) Notice of the time, date, and place of hearing shall be given to the person filing the appeal and to the city notice shall also be given to any person who reasonably appears may be adversely affected by the decision being appealed notice shall be provided pursuant to § 136.12.
(C) The time for hearing may be extended by the Code Hearings Officer for good cause shown upon such terms and conditions as the Code Hearings Officer shall deem just and appropriate.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.34 HEARINGS PROCEDURE.
(A) Hearings on appeal shall be subject to and conducted substantially in accordance with §§ 136.13 through 136.21.
(B) With the consent of all persons entitled to notice, the Code Hearings Officer may determine the appeal without hearing upon the record.
(C) The Code Hearings Officer may sustain, modify, reverse, or annul the decision or determination appealed from or the Code Hearings Officer may remand the decision or determination to the city for such reconsideration, additional consideration, or further action as the Code Hearings Officer may direct.
(D) The decision or determination appealed from shall be reviewed de novo by the Code Hearings Officer.
(Ord. 2083, passed 4-26-04; Am. Ord. 2302, passed 4-27-20)
136.35 NATURE OF DETERMINATION.
Unless provided otherwise in this Code or stipulated to by the parties, the determination of the Code Hearings Officer is not appealable to Council; appeals from any determination by the Code Hearings Officer shall be by writ of review to the Circuit Court of Umatilla County, Oregon, as provided in ORS 34.010 through 34.100 or in the case of a land use decision, the Land Use Board of Appeals pursuant to ORS 179.830.