§ 13.16.300. Notice of administrative hearing, administrative hearing and appeal.

A.

Notice of Administrative Hearing. The enforcement official, upon failure of the property owner and/or the business owner/operator to promptly proceed to abate said dangerous condition as ordered and/or upon receipt of a written notice from the subject property owner and/or the business owner/operator stating that they wish to appeal the enforcement official's violation determination, may forthwith fix a time and place for an administrative hearing of the matter. In all such cases, the enforcement official shall serve, or cause to be served, notice of said hearing upon the person in possession of such premises, upon the property owner and the business owner/operator thereof, not less than seven days prior to the time fixed for such hearing. The notice shall specify the hour, date and place of the hearing and the dangerous condition that is the subject of the hearing. Service of said notice may be made by delivery to the property owner and to the business owner/operator or person in possession personally or by enclosing the same in a sealed envelope, addressed to the occupant at such premises, or to the property owner at his last known address as the same appears on the last equalized assessment rolls of the county, postage prepaid, registered or certified mail, return receipt requested, and depositing same in the United States mail. Service shall be deemed complete at the time of the deposit in the United States mail.

B.

Administrative Hearing. At the time and place set for the hearing, the Hearing Officer shall hear such evidence as may be presented by said property owner and/or said business owner/operator, person in possession or their representative. Such hearing may be continued from time to time by the Hearing Officer, provided that notice is given in the manner provided in Section 13.16.300A to said property owner and to said business owner/operator or person in possession. Service of said notice shall be deemed complete at the time of deposit in the United States mail. The findings of the Hearing Officer shall be rendered at the time of such hearing and thereupon shall be announced to such property owner and to such business owner/operator, person in possession or their representative, provided that such person(s) appears at the hearing. Failure to appear at the administrative hearing shall constitute, unless good cause is shown, a waiver of the right to appeal to the City Council.

C.

Appeal. Within three days of the administrative hearing and the announced findings of the Hearing Officer, said property owner and/or said business owner/operator or person in possession may notify in writing the Hearing Officer that he or she wishes to appeal such findings to the City Council. Failure to give the required written notice within the three-day period or failure to appear at the administrative hearing shall constitute, unless good cause is shown, a waiver of the right to appeal to the City Council. Upon timely receipt of notice of an intent to appeal, the Hearing Officer shall give the appellant not less than seven days' prior written notice of the date, place and hour of the appeal to the City Council. Service shall be made in the manner described in Section 13.16.300A of this chapter and shall be deemed complete at the time of deposit in the United States mail.

(Ord. 12024 § 1 (part), 1997)