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ADMINISTRATIVE CITATIONS
1.13.120 - Initial administrative review—Request.
Except as provided by Chapter 16.58 of this Code, Citees may request an initial administrative review of the citation within twenty days of its issuance. This request must be made in writing to the Ddirector and set forth with particularity the reasons the Ccitee believes a violation did not occur or that the Ccitee was not responsible for the violation(s); must include a copy of the citation; and contain the address to which the conclusions of the city's review should be mailed.
A request for an initial administrative review is a mandatory prerequisite to a request for an administrative hearing. Notwithstanding, this section is voluntary for all persons cited for failure to adhere to, or otherwise comply with Title 16 (Buildings and Construction) of this Code.
1.13.140 - Request for administrative hearing.
Except as provided by Chapter 16.58 of this Code, aAny Ccitee dissatisfied with the conclusions of an initial administrative review may contest that citation by requesting an administrative hearing. A Ccitee must request an administrative hearing within fifteen days after the date the city served the Ccitee with notice of the administrative review decision. Requests must be submitted to the Ddirector and be accompanied by an advance deposit of the fine or a request for a hardship waiver.
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PUBLIC NUISANCE ABATEMENT PROCEDURE
9.17.060 - Hearing procedure.
A. As soon as is practicable following the close of such hearing, the hearing officer shall render a decision on the matter. If a public nuisance is found to exist, the hearing officer shall issue an order requiring the abatement of the public nuisance in a reasonable time and manner as set forth in the order. The hearing officer shall promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the hearing officer shall be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure § 1094.6. Except as provided in Chapter 16.58 of this Code, tThere is no right to appeal to the a Ccity Ccouncil appeal. 7 6
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BUILDING CODE AMENDMENTS
16.04.020 - Special definitions.
The following words used in any of the codes adopted by reference under this Title have the following meanings:
A. "Board of appeals", "Aappeals Bboard" or any other reference to any appeals board, means the Ccity managerCouncil.
B. "Building Official" means the person or entity designated as such by the city council or that person or entity's designee.
C. "Authority having jurisdiction" means the person or entity designated as such by the city council.
Amendment. CMC section 16.55.050 is repealed in its entirety.
16.58 – APPEALS.
16.58.010 - General.
A. The City Council acting as the appeals board (the “Appeals Board”) will hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, or to pass upon matters pertaining to the application of the codes adopted under this Title. The Building Official or designee shall be an ex officio member but shall have no vote upon any matter before the Appeals Board.
B. Any person that is directly and adversely affected by the application of this Title, including any order, decision, or determination made by the Building Official, or designee, or a Hearing Officer pursuant to Chapters 1.13 or 9.17, may file an appeal with the Appeals Board.
C. An application for appeal shall be based on a claim that the true intent of this Title or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Title do not fully apply, or an equally good or better form of construction is proposed.
16.58.020 - Notice of appeal.
A. A request for appeal may be taken only by filing a written notice of appeal with the Building Official, or designee, not later than ten days after the City’s rendition of an adverse order, decision, or determination regarding the codes adopted under this Title.
B. Each notice of appeal must include:
1. A description of the work or improvements proposed to be made or done.
2. A description of the proposed location of the work or improvements.
3. Identify all code sections upon which the appeal is based, with a description of the codes’ application to the facts of the case.
4. The detailed reason(s) why:
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a. The order, decision, or determination of the Building Official or Hearing Officer should not be sustained; and
b. The relief requested.
16.58.030 - Filing fee.
A notice of appeal is not deemed filed and will not be accepted by the Building Official, until the appellant complies with the requirements of this Chapter and pays all filing fees set forth in the City Council’s adopted fee schedule, as may be amended or superseded from time to time.
16.58.040 - Hearings.
A. All appeals must be in writing and contain sufficient information to allow the Board of Appeals to make a determination on the request.
B. A duly filed appeal will be heard by the Appeals Board not more than 60 days after the appeal is filed.
C. The Building Official, or designee, must make a copy of all documents to be presented before the Appeals Board publicly available and provide the appellant with a copy of all materials not later than five days before the meeting date on which the matter is set to be heard.
D. At such meeting, or at such later time as the matter may be continued by the Appeals Board, the appellant and the Building Official or any of his or her authorized representatives, shall be given a reasonable opportunity to be heard on the matter and to present relevant evidence.
16.58.050 - Decisions.
A. The Appeals Board will adopt a written determination based on the substantial evidence in the entire record to uphold or set aside the order, decision, or determination at issue.
For the Appeals Board to set aside the order, decision, or determination, it must find that the proposed design:
1. complies with the intent of this Title; and
2. satisfies the requirements of the codes adopted by this Title; B. The Building Official must send a copy of the Appeal Board’s decision to the appellant within five business days.
C. The Appeal Board’s determination is final as of the date of its decision and represents the City's final action on the matter.
D. The Appeals Board findings will include the following notice:
Notice to Parties.
The time within which judicial review must be sought to review this decision is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7 6
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The findings and order of the Board will either be personally delivered or mailed to the appellant within 30 days following the conclusion of the hearing.