§ 1305.

REQUEST FOR HEARING; HEARING

a.

Request for Hearing. A property owner may request a hearing in order to contest the notice of violation issued in accordance with Section 1304 by filing with the Director within thirty (30) calendar days from the date of the notice of violation, a request for hearing that specifies in detail the basis for contesting the notice of violation.

b.

Notice of Hearing. Whenever a hearing is requested pursuant to this Section, the Director shall, within seven (7) calendar days of receipt of the request, notify the property owner of the date, time, and place of the administrative review hearing by certified mail. Such hearing shall be held no later than forty-five (45) calendar days after the Director receives the request, unless time is extended by mutual agreement of the affected parties.

c.

Submittals for the Hearing. At least five (5) City business days prior to the hearing, the property owner and the City shall submit to the hearing officer and exchange with one another, written information including, but not limited to, the following: a statement of the issues to be determined by the hearing officer, a statement of the evidence to be offered at the hearing and the identity of any witnesses to appear at the hearing.

d.

Hearing Procedure. The hearing shall be conducted by a neutral hearing officer from a City office or department outside the Department of Public Works, appointed by the Director of Administrative Services. The burden of proof to establish that the property contains graffiti shall be on the City. The owner shall be entitled to present evidence and demonstrate that his or her property does not contain graffiti. The property owner shall also be entitled to present evidence and demonstrate that his or her property is burdened with a disproportionate share of graffiti vandalism, based on factors such as the frequency or extent of the graffiti, such that requiring the owner to remove the graffiti would result in an unfair hardship. All testimony shall be under oath, and witnesses maybe cross-examined. The hearing officer shall ensure that a record of the proceedings is maintained. The determination of the hearing officer after the hearing shall be final and not appealable.

e.

Decision. The hearing officer shall issue a decision including a summary of the issues and the evidence presented, and findings and conclusions, within ten (10) calendar days of the conclusion of the hearing. A copy of the decision shall be served upon the property owner by certified mail. The decision shall be the City’s final administrative determination. An aggrieved party may seek judicial review of the decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.

History

(Formerly part of Sec. 1306; added by Ord. 29-94, App. 1/14/94; amended and renumbered by Ord. 263-04, File No. 041150, App. 11/4/2004) (Former Sec. 1305 added by Ord. 29-94, App. 1/14/94; amended by Ord. 211-99, File No. 990623, App. 7/30/99; repealed by Ord. 263-04)

Download

  • Plain Text
  • JSON

Comments