§ 3.108.110. Appeals process.

(a)

Written appeal.

1.

A property owner may contest an order to make relocation payments or a notice of penalty or fine assessed this chapter by submitting an appeal in writing together with a processing fee listed in the County's fee schedule. The appeal shall set forth the factual basis for disputing the order to pay relocation benefits or the notice of penalty or fine.

2.

Appeals must be addressed to the Director, and must be received within ten (10) days of the date appearing on the order to pay relocation benefits or the notice of penalty or fine. A copy of the appeal must be provided by the property owner to any tenant household(s) directly affected by the appeal on or by the same date that the appeal is received by the Director.

3.

Unless the property owner has requested a hearing pursuant to section 3.108.110(b), after reviewing the appeal, the Director shall prepare a written decision and send it to the property owner and any tenant household(s) directly affected by the appeal via certified mail or personal delivery. The decision of the Director shall constitute the final decision of the County with no additional administrative right to appeal. To the extent allowed by law, the decision and the order to pay relocation benefits or notice of penalty or fine shall have the same force and effect as a resolution of the County Board of Supervisors for the purpose of filing a lien, special assessment, or for pursuing any other method of collection.

(b)

Request for hearing; hearing procedure.

1.

If a property owner desires a hearing on an appeal, a request for hearing must be made at the time the written appeal is submitted. If a hearing is requested, an independent Hearing Officer will be appointed. Any tenant household(s) directly affected by the appeal shall have the right to attend and participate in the hearing.

2.

The appeal hearing shall be set for a date within thirty (30) days from the date that the appeal is filed, unless the Director determines that good cause exists for an extension of time. The property owner and any tenant household(s) directly affected by the appeal shall receive notice of the time and place at least fifteen (15) days prior to the hearing unless the Director determined, in writing, that the matter is urgent, in which case the property owner and tenant households shall receive at least five (5) days prior notice of the hearing.

3.

Documentary evidence and names of potential witnesses shall be provided by the Enforcement Officer, the property owner and any tenant household(s) directly affected by the appeal to the Hearing Officer and the opposing party at least five (5) days prior to the appeal hearing or as soon as practicable prior to the hearing. At the hearing, the property owner and any tenant household(s) directly affected by the appeal shall be given the opportunity to testify and to present evidence concerning the order to pay relocation benefits or the notice of penalty or fine. The failure of the property owner to appear at the appeal hearing shall constitute a forfeiture of the fine or penalty (if applicable).

(c)

Hearing officer's decision.

1.

After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel all or part of the order to pay relocation benefits or the notice of penalty or fine and shall state the reasons for that decision. The decision of the Hearing Officer shall include findings regarding the evidence in the record and submitted at the hearing, as well as the existence of any proper grounds for the order to pay relocation benefits or the notice of penalty or fine. A copy of the Hearing Officer's written decision shall be provided to the property owner as well as any tenant household(s) directly affected by the appeal.

2.

If the Hearing Officer determines that the order to pay relocation benefits or the notice of penalty or fine should be upheld, then the property owner shall pay the appropriate sum(s) to the tenant household and/or the County within ten (10) days after the property owner's receipt of the Hearing Officer's written decision.

3.

The decision of the Hearing Officer shall be the final decision of the County with no additional administrative right to appeal. To the extent allowed by law, the decision and the order to pay relocation benefits or notice of penalty or fine shall have the same force and effect as a resolution of the County Board of Supervisors for the purpose of filing a lien, special assessment, or for pursuing any other method of collection.

(Ord. No. 04773, § 2, 2-14-2017; Ord. No. 04795, § 2, 2-27-2018)