102A.5 Notice of Administrative Hearing.

102A.5 Notice of Administrative Hearing.

(a) If the Building Official determines that the building owner has not corrected the code violations by the deadline provided in the NOV, the Building Official shall schedule an administrative hearing on the violations, to be heard within 60 days of the deadline, unless the building owner demonstrates to the Building Official’s satisfaction that the building owner has made substantial progress in abating the violations.

(b) The Building Official shall issue a Notice of Administrative Hearing (“Hearing Notice”) to the building owner. The Hearing Notice shall state the date, hour and place of the hearing and contain a conspicuous warning setting forth the penalties, fees and costs prescribed in Sections 102A.7(d) and 103A of this Code. The Hearing Notice shall include a copy of the NOV. The Hearing Notice shall inform all interested parties who desire to be heard in the matter that they may appear to show cause why the property, building or structure, or portion thereof, should not be ordered repaired, altered, vacated and repaired or altered, or vacated and demolished.

(c) The Building Official shall serve the Hearing Notice on the building owner by certified mail to the building owner at the address listed with the Assessor-Recorder’s Office and shall post the NOV in a conspicuous place on the subject property. The Building Official shall mail the Hearing Notice on the building owner at least 10 days prior to the date set for the hearing.

(d) In addition to serving the NOV on the building owner, the Building Official shall send a copy of the NOV by certified mail to:

(1) The person, if any, in real or apparent charge and control of the premises involved;

(2) The holder of any mortgage, deed of trust, lien or encumbrance of record;

(3) The owner or holder of any lease of record; and,

(4) The record holder of any other estate or interest in the building, structure or property, or the land upon which it is located.

The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

(e) The person serving the Hearing Notice shall complete a declaration under penalty of perjury, certifying the date and manner in which such Hearing Notice was given, and the Building Official shall retain the certified mail receipt card, if any, for the Hearing Notice.

(f) In addition to the Hearing Notice, the Building Official shall provide the building owner with an information sheet regarding the enforcement process, the building owner’s rights and duties prior to the hearing, and the information the building owner must bring to the hearing.