§ 18.02.180. Appeal procedures.

A.

General. In order to hear and decide appeals of orders, decisions or determinations made by the Green Building Compliance Officer during the construction phase permitting and inspections process, relative to the application and interpretation of the non-administrative sections of this Chapter, the record title holder may request an administrative hearing with a hearing officer. The request shall be filed in writing with the Green Building Compliance Officer within 21 calendar days following said rendering. The request for an administrative hearing shall contain a brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed that the protested order, decision, or determination should be modified or reversed or otherwise set aside.

B.

Hearing. After receiving a written request and the required fee for an administrative hearing, the Green Building Compliance Officer shall fix a date, time and place for adjudication by a hearing officer during the construction phase permitting and inspections process. Only those technical matters or issues specifically raised by the appellant in the request shall be considered in the administrative hearing.

C.

Hearing Officer. In cases of a construction phase permitting and inspections process appeal, the hearing officer shall not be an employee of the City and shall be qualified by experience and training to adjudicate matters pertaining to the provisions of this Chapter. The hearing officer shall have no authority relative to interpretations of the administrative (non-technical) provisions of this Chapter and shall not be empowered to waive or otherwise set aside the non-administrative (technical) provisions of this Chapter.

D.

Effect of Hearing. Decisions of either the City Planning Commission or the hearing officer in all instances shall be final and conclusive. The limitation period provided pursuant to California Code of Civil Procedure Section 1094.6 shall apply to all petitions filed seeking judicial review of decisions by either the City Planning Commission or the hearing officer.

(Ord. No. 13040, § 4, 10-19-2010)