Guadalupe Municipal Code Art. III Hearing Procedure—Appeals

A. If a Compliance Official determines all violations have been corrected within the time specified in the Compliance Order, or any extension thereof, no further action shall be taken.

B. If compliance is not achieved within the time specified in the Compliance Order, the Compliance Official issuing the Compliance Order shall notify the Building Permit Technician to set a hearing before the Hearing Officer.

C. The Building Permit Technician shall cause a written notice of hearing to be served on all parties named in the Compliance Order by United States mail, first class, postage prepaid. Upon request of a Compliance Official notice shall be served on properties within 100 feet of the property that is subject to the abatement hearing, or upon the complainant or complainants, if any, who reside beyond that distance.

(Ord. 2009-396 §1)

A. Every notice of hearing shall contain the time, date and place at which the hearing will be conducted.

B. The hearing date shall be not less than 15 calendar days nor more than 60 calendar days from the date of the Notice of Hearing, unless a Compliance Official determines the matter is urgent or good cause exists for an extension of time.

C. The hearing shall provide a full opportunity for the responsible parties subject to a Compliance Order to object to the determination that a nuisance has occurred, that the nuisance has continued to exist or has recurred and/or that the person is responsible for creating, maintaining or fostering the nuisance.

D. The failure of any person subject to a Compliance Order pursuant to this chapter to appear at the hearing shall constitute an admission of the facts in the Compliance Order and shall constitute a failure to exhaust administrative remedies.

(Ord. 2009-396 §1)

A. At the time and place stated in the notice, the Hearing Officer shall hear and consider all relevant evidence, including, but not limited to, the testimony of the responsible party, City personnel, neighbors, witnesses or other interested parties, and may consider staff reports or other written materials, on the following issues:

1. Whether the activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the time for compliance stated in the Compliance Order;

2. Whether the person(s) named in the Compliance Order are responsible parties; and

3. The appropriate method of abatement, the amount of administrative penalties and the imposition of abatement costs.

B. Proof of the existence of the nuisance must be by the preponderance of evidence, and the burden of proof is with the City.

C. The formal rules of evidence shall not apply.

D. Continuances for good cause may be granted on the motion of any responsible party, a Compliance Official, or upon the Hearing Officer's recommendation.

(Ord. 2009-396 §1)

A. Within 15 calendar days after the conclusion of the hearing, the Hearing Officer shall make findings and issue its written determination in connection with the Compliance Order.

B. The Hearing Officer shall issue a Nuisance Abatement Order by resolution if it finds that:

1. The activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the compliance date specified in the Compliance Order;

2. No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; and

3. The parties in the Compliance Order are responsible parties.

C. The Nuisance Abatement Order may impose or order any or all of the following:

1. Administrative penalties pursuant to Guadalupe Municipal Code Chapter 1.10.

2. Abatement within the time specified in the Nuisance Abatement Order of the nuisance, or that the City may upon failure to abate the nuisance, abate the nuisance at the expense of the responsible parties.

3. Abatement costs against the persons responsible for creating, maintaining or fostering the public nuisance when the Hearing Officer finds the nuisance occurred or recurred on or after the compliance date specified in the Compliance Order.

D. If the City Attorney determines that the violation implicates a first amendment right, the Nuisance Abatement Order shall provide that the order is suspended until the responsible party exhausts his or her judicial remedies.

(Ord. 2009-396 §1)

The Building Permit Technician shall serve a copy of the Nuisance Abatement Order of the Hearing Officer upon the responsible parties and the Compliance Official.

(Ord. 2009-396 §1)

In the absence of any appeal to the City Council, the public nuisance found to exist on the property shall be abated by having such property, building or structures rehabilitated, repaired or demolished within the time specified, and in the manner and means specifically set forth in the Nuisance Abatement Order issued by the Hearing Officer.

(Ord. 2009-396 §1)

A. Any person appearing at the hearing by the Hearing Officer pursuant to a Notice of Hearing who is subject to a Compliance Order, or a Compliance Official responsible for instituting the nuisance abatement proceedings, may appeal the decision of the Hearing Officer as reflected in the Nuisance Abatement Order by filing a written appeal with the City Clerk within 7 calendar days from the service of such decision.

B. The written appeal shall contain the following:

1. The name and address of the person filing the appeal; and

2. A concise written statement under declaration of perjury designating the portion of the Nuisance Abatement Order being appealed, and the facts supporting the appeal.

C. As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing the appeal by the City Council, which date shall not be less than 15 calendar days nor more than 60 calendar days from the date the appeal was filed. Written notice of the time, date and place of hearing shall be given at least 10 calendar days prior to the date of hearing by the City Clerk to all parties designated as responsible parties in the Nuisance Abatement Order, except if appeal is by a Compliance Official, notice shall be given to those parties designated as responsible parties in the Compliance Order.

D. The hearing before the City Council shall be upon the record made before the Hearing Officer and no evidence that could not reasonably have been presented to the Hearing Officer shall be considered by the City Council. The Council shall review the findings and decision of the Hearing Officer. Upon the conclusion of the hearing on such appeal, the City Council shall announce its decision by resolution either:

1. Terminating the proceedings;

2. Confirming the action and decision of the Hearing Officer; or

3. Modifying such decision as in its judgment seems warranted.

E. The decision of the City Council shall be final. In the cases of alternative (2) or (3) above, the resolution shall declare such property to be a public nuisance and order the abatement within a time certain, and in the manner and means specifically set forth in said resolution. Any property owner shall have the right to abate the nuisance in accordance with such resolution and at the owner's expense provided the same is commenced prior to the expiration of the date ordered for abatement and thereafter diligently and continuously prosecuted to completion. Upon abatement in full by the owner, the proceedings hereunder shall terminate. When abatement has been achieved, the City Attorney shall notify the City Council and the responsible party pursuant to Section 8.50.220.

(Ord. 2009-396 §1)

The City Clerk shall serve, or cause to be served, a copy of the resolution containing the City Council's decision upon the responsible parties and the Compliance Official.

(Ord. 2009-396 §1)

Every person subject to a Nuisance Abatement Order shall comply with the Nuisance Abatement Order and with all applicable laws, permits or other approvals of the federal, state or local governments in any and all actions taken pursuant to or in order to comply with the Compliance Order, including, without limitation, the payment of all applicable permit fees.

(Ord. 2009-396 §1)

If a Compliance Official determines that compliance with the Nuisance Abatement Order has been achieved, the Compliance Official shall notify the responsible party and file a report with the Hearing Officer or City Council indicating that compliance has been achieved and the date of the City's final inspection of the property.

(Ord. 2009-396 §1)

A. If the City Attorney does not file a Compliance Report pursuant to Section 8.50.220, any person subject to a Nuisance Abatement Order who believes that compliance has been achieved may request a Compliance Hearing before the Hearing Officer by filing written request for a hearing with the Building Permit Technician.

B. The hearing shall be conducted in the same manner as provided for in Section 8.50.150.

C. The Hearing Officer shall determine if compliance with the Nuisance Abatement Order has been achieved and, if so, when achieved.

D. The decision of the Hearing Officer is final.

(Ord. 2009-396 §1)

If no appeal to the City Council is filed pursuant to Section 8.50.190, or if no action has been filed in the Superior Court contesting the Nuisance Abatement Order of the City Council, the City Clerk shall record a copy of the Nuisance Abatement Order with the County Recorder of Santa Barbara County. When compliance is achieved, the City Clerk shall record a release of the Order.

(Ord. 2009-396 §1)