Part 4 — ADMINISTRATIVE

a.

Compliance with these regulations shall be enforced by the Director or designee. The designated Code Enforcement Official is authorized and directed to use the provisions of this Article and the Hayward Municipal Code for abating violations of the conditions defined by this Article as a public nuisance or abating the unlawful conditions defined in this Article.

b.

Whenever the City designee or Enforcement Inspector determines that a property is in violation of the provisions of this Article or the Hayward Municipal Code, a Notice of Violation will be issued and mailed via 1st class mail with proof of service to the property owner and responsible party, unless otherwise authorized under Summary Abatement, Section 5-7.65 or any other manner provided by law. The Notice of Violation will include the following information:

1.

All violations and necessary corrective actions to be completed by the specified date of no less than three (3) and not more than ten (10) calendar days from the date of Notice of Violation.

2.

Notification that non-compliance may result in a City abatement in accordance with the provisions set forth in this Article and Hayward Municipal Code.

3.

Notification that all inspection/abatement costs, penalties, and any other applicable fees will be assessed upon the property, and if not paid, will constitute a lien or special assessment.

4.

Right to appeal through an administrative hearing requires submission of an Administrative Hearing form within ten (10) calendar days of the initial notice of violation and payment of a required hearing fee as adopted in the City's Master Fee Schedule.

If the Enforcement Officer finds that a violation constitutes an imminent danger to public health or safety, he or she shall have the authority to abate the condition or cause the condition to be abated summarily and without notice. The expenses of such abatement shall be billed to the property owner(s) and if unpaid will become a lien or special assessment collected on the property.

a.

Failure to comply as ordered will result in the issuance of penalty fees in accordance with the City of Hayward Master Fee Schedule. In addition, the Enforcement Officer may take all steps necessary to cause the same to be abated by such City employees or City authorized private contractor(s) to enter upon subject property. All City abatement expenses, including but not limited to, administrative costs and nuisance condition abatement costs shall be billed to the owner and shall become due and payable thirty (30) days thereafter. Failure to pay may result in a lien or special assessment being placed on the property after a hearing on the matter if requested as provided in Chapter 5, Article 7 of this Code.

b.

Any persons in violation of any provision of the Vacant Property Ordinance regulations is chargeable of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. The remedies provided in these regulations shall be cumulative and may include administrative citation pursuant to Chapter 1, Article 7 of this Code and/or abatement pursuant to Chapter 5, Article 7 of this Code, in addition to any other procedures provided in the Hayward Municipal Code or by state law. Administrative action hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such violation. All inspection, fines and penalties fees for violation of the Vacant Property Ordinance shall be as established by resolution of the City Council in the Master Fee Schedule for the City of Hayward Code Enforcement Division.

In addition to all other fees imposed in accordance with the Vacant Property Ordinance, other applicable fees in accordance with the Master Fee Schedule may be imposed related to the cost associated with police and fire services: including but not limited to personnel, equipment and mutual aid response costs and emergency boardup cost.

a.

The procedures for abatement set forth herein shall not be exclusive and shall not limit or restrict the City from enforcing other City ordinances and regulations or abating public nuisances in any other manner provided by law. Nothing in this Article shall be deemed to prevent the City Council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law.

b.

Violation of the provisions of this Article constitutes an infraction, as set forth in Chapter 1, Article 3 of the Hayward Municipal Code.

c.

The right to Judicial Review shall be governed pursuant to section 1-7.13 Administrative Citation Right to Judicial Review.

SEC. 10-29.190 - APPEALS—ADMINISTRATIVE HEARING.

a.

Any owner may request an Administrative Hearing upon issuance of A Notice of Violation or administrative penalty fee. The purpose of an Administrative Hearing is to allow the owner to dispute the factual findings of the violation(s). If a hearing is requested, at the time fixed for the Administrative Hearing, the Hearing Officer shall hear and consider all relevant evidence, objections, or protests offered on behalf of the owner to show why the Notice of Violation or penalty fee should not apply. The Hearing Officer may also consider rebuttal evidence offered by the City.

b.

The Hearing Officer shall have the ability to render decisions related to issued penalties and fines based on substantial evidence presented during the administrative hearing.

c.

The hearing may be continued from time to time. If, at the conclusion of the hearing, based upon the record, the Hearing Officer determines that the evidence establishes that it is more likely than not that the condition exists, and concludes that it should be abated, he or she shall issue a written decision setting forth his/her findings and shall cause the same to be served upon the persons attending the hearing. The right to Judicial Review shall be governed pursuant to section 1-7.13 Administrative Citation - Right to Judicial Review and is subject to the (Chapter 4 Public Welfare, Morals and Conduct (SEC. 4-11.30).