Chapter 4.20
ADMINISTRATIVE ENFORCEMENT APPEALS

Sections:

4.20.010    Appeal procedures.

4.20.020    Appeal hearing.

4.20.030    Failure to attend an administrative enforcement hearing.

4.20.010 Appeal procedures.

A. A person served with one of the following documents, orders or notices may file an appeal within ten calendar days from the date of service:

1. Any administrative abatement notice;

2. An administrative citation issued pursuant to Chapter 4.14 of this code; or

3. A letter from an enforcement official indicating an intent to record a notice of violation pursuant to Chapter 4.10 of this code.

B. The appeal shall be made in writing and filed with the enforcement official.

C. The appeal shall be accompanied by an appeal fee in an amount established by resolution of the city council.

D. After receiving the written notice of appeal, the enforcement official shall notify the planning commission and request that an appeal hearing, to be conducted in the commission’s discretion by the full commission or a commission subcommittee, be scheduled. In appeal hearings which do not involve real property the enforcement official and appellant shall cooperate with one another in selecting an administrative hearing officer.

E. The city manager may promulgate and implement procedures for recruiting a pool of qualified individuals to serve as administrative hearing officers for administrative appeals that do not involve real property. Said procedures may also delineate the process by which the enforcement official and appellant select the administrative hearing officer from the pool. After the administrative hearing officer is selected, the enforcement official shall request an administrative enforcement hearing officer to schedule a date, time, and place for the hearing.

F. Written notice of the date, time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing on the person appealing the notice by any one of the methods listed in Chapter 4.03 of this code. (Ord. 867 § 2, 2004; Ord. 852 § 2, 2003)

4.20.020 Appeal hearing.

The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedures set forth in Chapter 4.22. (Ord. 852 § 2, 2003)

4.20.030 Failure to attend an administrative enforcement hearing.

Failure to attend the administrative enforcement hearing by the appellant shall constitute a waiver of his or her rights to an administrative enforcement hearing and administrative adjudication of the notice or any portion of the notice. (Ord. 852 § 2, 2003)