15.08.410 - General.

A.

Administrative Hearing. The record owner may appeal an action under Section 15.08.350 of this Code by filing a written request with the Building Official paying a fee as established in the Master Fee Schedule. A request for an Administrative Hearing shall contain the following information:

1.

A brief statement setting forth the legal interest of each of the appellants in the building or structure or the land involved in the Declaration of Public Nuisance - Substandard.

2.

A brief statement in ordinary and concise language of that specific action protested, together with any material facts claimed to support the contentions of the appellant.

3.

A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested action was a result of error or abuse of discretion by the Building Official and therefore should be reversed, modified, or otherwise set aside.

4.

The signatures of all appellants and their requested mailing addresses.

5.

The verification (by declaration under penalty of perjury) of all appellants as to the truth of the matters stated in the appeal.

The written appeal and fees as established in the Master Fee Schedule shall be received by the Building Official within 14 calendar days from the date of the service of the Declaration of Public Nuisance - Substandard, provided, however, that if the building or structure is in such condition as to make it Dangerous or an Imminent Hazard and is ordered vacated in accordance with Section 15.08.380 of this Code, such appeal and fees shall be received by the Building Official within 7 calendar days from the date of the service of the Declaration or Order of the Building Official.

B.

Scheduling and Noticing for Hearing. As soon as practicable after receiving the written appeal and fees, the Building Official shall fix a date, time, and place for the hearing of the appeal by the Hearing Examiner. Written notice of the time and place of the hearing shall be given at least 7 days prior to the date of the hearing to each appellant.

(Ord. No. 13046, § 3, 11-9-2010)

15.08.420 - Effect of failure to appeal.

Failure of any person to file an appeal and pay fees in accordance with the provisions of Sections 15.08.410 of this Code shall constitute a waiver of the right to an administrative hearing and adjudication of the Declaration or Order or to any portion thereof.

(Ord. No. 13046, § 3, 11-9-2010)

15.08.430 - Scope of hearing on appeal.

Only those matters or issues specifically raised by the appellant's written appeal shall be considered by the Hearing Examiner in the hearing of the appeal.

The Hearing Examiner shall have the power to administer oaths, and may request that the City Clerk issue subpoenas under the seal of the City. Willful failure to appear for testimony in response to any subpoena or to produce at any time under subpoena "duces tecum" shall be punished as an infraction.

(Ord. No. 13046, § 3, 11-9-2010)

15.08.440 - Staying of enforcement.

Except for vacation orders made pursuant to Section 1104 15.08.380 of this Code, enforcement of any Declaration shall be stayed during the pendency of an appeal there from which is properly and timely received by the Building Official.

(Ord. No. 13046, § 3, 11-9-2010)

15.08.450 - Effect of administrative hearing.

Decisions made and determinations rendered by the Hearing Examiner shall be in all cases final and conclusive.

(Ord. No. 13046, § 3, 11-9-2010)

15.08.460 - Review of administrative determination.

The limitation period provided pursuant to California Code of Civil Procedure Section 1094.6 shall apply to all petition filers seeking judicial review of administrative determination made by the Hearing Examiner.

(Ord. No. 13046, § 3, 11-9-2010)