SEC. 161.805. DECISION.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

After considering all relevant evidence and arguments, the General Manager shall issue a written decision within ten working days of the hearing. This decision is to be supported by written findings which separately provide the basis for each order imposed. Where it is determined that the violation has not been corrected, the General Manager may make any of the following orders, as appropriate:

(1) Order that the violation be referred to the City Attorney’s office for prosecution.

(2) Order a rent reduction.

(3) Order the building or dwelling units be accepted into REAP. (Amended by Ord. No. 173,810, Eff. 4/16/01.)

(4) Order the building or dwelling units be accepted into the Urgent Repair Program or any successor programs.

(5) Impose inspection fees pursuant to Division 9 of this article for the third inspection and all subsequent inspections until compliance is attained, and for any periodic inspection ordered to take place in less than four years. (Amended by Ord. No. 184,768, Eff. 4/4/17.)

(6) Order that, after compliance has been obtained, the next periodic inspection be conducted within three to 24 months, depending on the severity of the violations, the history of the property, the criteria set forth in Section 161.602.1 and any other criteria set forth by regulation indicating a risk of recurring violations.

(7) If the violation poses a present, imminent, extreme and immediate hazard or danger to life or limb, health or safety, or if the building or dwelling unit has been ordered vacated by any government agency, order that the owner pay relocation assistance to the tenants, in the amounts and following the procedures set forth in Section 151.09 G. and any accompanying regulations, regardless of whether the building or dwelling unit is subject to the RSO.

(8) Order the person or entity who owns, manages or controls the premises to attend property management training as set forth in Section 154.00, et seq.

(9) Order that the property be referred to the Receivership Program.

(10) Issue an Order of Abatement and have it recorded against the property.

(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)

A. Service of Notice of Decision. A copy of the General Manager’s decision shall be served as follows:

1. On the property owner/landlord by certified United States mail postage prepaid, or by personal service.

2. On each affected residential unit in the manner prescribed by Section 161.409 C. of this Article.

3. A copy shall be made available to any person requesting a copy of the decision.

B. Content of Decision.

1. If the decision orders inclusion into REAP or rent reductions, the decision shall comply with the notice provisions of Section 162.04 in this Code.

2. If the decision orders relocation assistance, the decision shall comply with Section 161.805(7) of this Code.

3. The decision shall advise the property owner/landlord of any additional potential consequences that may result from non-compliance with the orders, including, but not limited to, imposition of civil penalties and fines under 161.905; criminal penalties and fines under Section 161.906; liens under Section 161.904; eviction protections under Section 161.806; prohibition of rent increases under Section 161.807; and rent withholding under Section 161.903.3 due to the property owner’s failure to pay any fees owed to the Department.

4. The General Manager’s decision shall state that an appeal may be filed within 15 calendar days of the date the decision is served.