Chapter 11.16
APPEAL PROCESS WITH HEARING EXAMINER
Sections:
11.16.040 Notice of appeal proceeding.
11.16.050 Scheduling of proceeding.
11.16.070 Hearing examiner determination.
11.16.100 Service of final order.
11.16.110 Appeal of final order.
11.16.010 Right to appeal.
A. A person to whom the city has issued a notice of violation and abatement pursuant to Section 11.12.020 or a notice of violation pursuant to Section 11.12.030, or any other person with a legal or equitable interest in the property that is the subject of such a notice, may request an appeal proceeding before a hearing examiner by filing a notice of appeal with the city clerk. Such notice of appeal must be in writing and must be received by the city clerk no later than fourteen (14) calendar days after the said notice is issued.
B. A person to whom a notice of civil penalty has been issued pursuant to Section 11.12.020F or Sections 11.12.030D through I, or any other person with a legal or equitable interest in the property that is the subject of such a notice, may request an appeal proceeding before a hearing examiner by filing a request with the city clerk by means of a notice of appeal. Such notice must be in writing and must be received by the city clerk no later than ten (10) calendar days after the said civil penalty is issued. (Ord. 844 § 1 (part), 2015)
11.16.020 Contents.
Each notice of appeal shall contain the name, address, and telephone number of the person requesting the appeal and the name, address, and telephone number of any person who will be present to represent him or her at the appeal proceeding. (Ord. 844 § 1 (part), 2015)
11.16.030 Basis for appeal.
Each notice of appeal shall set out the basis or bases for the appeal.
A. An appeal regarding a notice of violation and abatement issued pursuant to Section 11.12.020 or a notice of violation pursuant to Section 11.12.030 may challenge the legality or validity of the underlying violation, the required corrective action(s), or the required schedule for abatement.
B. Because the owner or the person responsible for a violation has an opportunity to appeal the notice of violation and abatement or the notice of violation pursuant to Section 11.12.020B6 or 11.12.030B7, respectively, before any civil penalties are imposed, a subsequent hearing regarding civil penalties shall not provide another opportunity to challenge the legality or validity of the underlying violation, the required corrective action(s), or the required schedule for abatement. (Ord. 844 § 1 (part), 2015)
11.16.040 Notice of appeal proceeding.
If a notice of appeal is received by the city within fourteen (14) calendar days the public official shall mail a notice of appeal proceeding, giving the time, location, and date of the appeal proceeding, by regular first class mail to the person(s) to whom the notice of violation and abatement, notice of violation, or notice of civil penalty was directed. (Ord. 844 § 1 (part), 2015)
11.16.050 Scheduling of proceeding.
If an appeal is filed timely and completely, the hearing examiner will conduct the appeal proceeding required by this chapter no more than fourteen (14) calendar days after the public official issues the notice of appeal proceeding, unless the hearing examiner or public official finds good cause to continue the matter to another date. (Ord. 844 § 1 (part), 2015)
11.16.060 Appeal proceeding.
The public official, as well as the person to whom the relevant notice was directed, may participate as parties in the proceeding and may be represented by counsel, and each party may call witnesses. The city shall have the burden of proof to establish, by a preponderance of the evidence, that a violation of the code references listed in Section 11.04.020 has occurred and that the required corrective action(s) and schedule for abatement are reasonable, or that the civil penalty was assessed for noncompliance with this chapter and the regulations of this code. (Ord. 844 § 1 (part), 2015)
11.16.070 Hearing examiner determination.
The hearing examiner shall determine whether the city has established by a preponderance of the evidence that a violation of the code or other regulations of the city has occurred and the required corrective action or civil penalty is reasonable. The hearing examiner shall affirm, modify, or vacate the public official’s decisions regarding the alleged violation(s), the required corrective action(s), and/or the civil penalty with or without written conditions. (Ord. 844 § 1 (part), 2015)
11.16.080 Final order.
Within ten (10) calendar days of the close of the appeal proceeding, the hearing examiner shall issue a written final order that contains the following information:
A. The decision regarding the alleged violation, including findings of facts and conclusions based thereon;
B. The required corrective action(s), if any;
C. The date by which the required corrective action(s) must be completed;
D. The date after which the city may proceed with abatement, as outlined in Chapter 11.20, if the required corrective action(s) is not completed;
E. A statement that the civil penalty is affirmed, reduced, or waived, if applicable;
F. A statement of any appeal remedies;
G. A notice that if the city proceeds with abatement, a lien for the actual costs of said abatement may be assessed against the property if the costs of abatement are not paid in accordance with the provisions of this title. (Ord. 844 § 1 (part), 2015)
11.16.090 Failure to appear.
If the person to whom the relevant notice was directed fails to appear or submit something in writing at the scheduled hearing, the hearing examiner will enter a written final order finding the violation(s) has occurred or the civil penalty was reasonable and finding that abatement may proceed. (Ord. 844 § 1 (part), 2015)
11.16.100 Service of final order.
The final order shall be served on the person by one (1) of the methods stated in Section 11.12.020C. (Ord. 844 § 1 (part), 2015)
11.16.110 Appeal of final order.
A final order of the hearing examiner may be appealed to a court of competent jurisdiction no more than twenty-one (21) calendar days after its issuance. (Ord. 844 § 1 (part), 2015)