Placer County Municipal Code Part 6 Appeal

A. Form of Appeal. Any person entitled to service under Section 15.56.110, may appeal from any notice and order issued pursuant to Section 15.56.110(C) or 15.56.130 under this article by filing a written appeal and paying the appeal fee, as established by resolution of the board for building services division, with the building services division of the community development resources agency during normal business hours. The appeal shall not be deemed filed until payment of the appeal fee has been received; provided, however, by regulation adopted pursuant to Section 15.56.080, setting forth the standards and procedure, the appeal fee required hereby may be waived on the basis of financial hardship. The written appeal shall contain:

1. The names of all appellants participating in the appeal.

2. A brief statement setting forth the legal interest of each of the appellants in the building or land described in the notice and order, determination or action.

3. A brief statement in ordinary and concise language of the specific order, determination or action protested, together with any material facts claimed to support the contentions of the appellant(s).

4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order, determination or action should be reversed, modified or otherwise set aside.

5. The signature of each party named as an appellant and their official mailing address(es).

6. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

B. Time and Filing. To be timely, the appeal fee or basis for waiver of the appeal fee if a regulation providing therefor has been adopted and written appeal shall be filed within 15 days from the effective date of the service of such order, determination or action of the director or chief building official; provided, however, that if the building, dwelling unit and/or dwelling or portion thereof is in such condition as to make it immediately dangerous to the life, health, property, safety, or welfare of the occupants, public, or adjacent property, and it is ordered vacated, and it is posted in accordance with Section 15.56.140 concerning posting of a notice to vacate, to be timely such appeal shall be filed within five days from the effective date of the service of the order, determination or action of the director or chief building official. Only those persons who have timely filed an appeal may join or be joined in an appeal herein.

(Prior code § 25.16; Ord. 5202-B, 2002; Ord. 5790-B § 15, 2015)

A. Appointment of Hearing Panel. The board shall appoint a three-person hearing panel consisting of the following persons or their designee: (1) Placer County health officer; (2) representative from the Association of Realtors of Placer County; (3) representative from Legal Services of Northern California. The hearing panel shall exercise all powers relating to the conduct of hearings until it has issued its findings and decision. The hearing panel appointed herein shall, where appropriate or necessary, serve as the housing appeals board as that term is used in the State Housing Law. Member terms shall last until replaced by the board or a member resigns.

B. Processing of Appeal. Upon receipt of any appeal and appeal fee filed pursuant to this part, the building services division of the community development resources agency shall immediately transmit a copy of the written appeal to persons appointed pursuant to this part to serve as hearing panel.

C. Scheduling and Noticing. Appeal for Hearing. As soon as practicable after receipt of the written appeal, the following shall occur:

1. Date. The hearing panel shall fix a date, time, and place for the hearing of the appeal within 15 days of the filing date of the appeal.

2. Notice. Environmental Health shall give written notice of the time and place of the hearing fixed by the hearing panel at least five working days prior to the date of the hearing to each appellant by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, certified postage prepaid return receipt requested, addressed to each appellant at his or her address shown on the appeal. Notice shall be effective upon personal delivery or five working days after mailing.

D. Conduct of Hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the type of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.

1. Record. A record of the entire hearing proceedings shall be made by tape recording. The appellant may elect to retain a certified court reporter at appellant's cost. A copy or transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees will be the actual costs incurred for transcribing, copying and postage.

2. Scope. Only those matters or issues specifically raised by the appellant(s) in the written appeal shall be considered in the hearing on appeal.

3. Oaths and Certification. In any proceedings under this article, the hearing panel has the power to administer oaths or affirmations and to certify to official acts.

4. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.

5. Rights of Parties. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues of the hearing even though the matter was not raised in the direct examination, to impeach any witness regardless of which party first called him or her to testify, to present rebuttal evidence and to represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so. No appellant shall be required to testify without his or her consent.

6. Official Notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state. The hearing panel may inspect any building or premises involved in the appeal during the course of the appeal process, provided that: (1) notice of such inspection shall be given to the parties before the inspection is made, (2) the parties are given an opportunity to be present during the inspection, (3) and the hearing panel shall state for the record upon completion of the inspection the material facts observed and conclusions drawn therefrom. Each party then shall have the right to rebut or explain the matters so stated by the hearing panel.

E. Findings and Decision. Within 10 days after the conclusion of the hearing, the hearing panel shall transmit in writing, findings of fact and its decision to the director and chief building official. A copy of the decision shall be delivered to each appellant, owner and interested party noticed in this matter pursuant to Section 15.56.110(C). The decision of the hearing panel shall be final.

F. Stay of Order Pending Appeal. Except for vacation orders or emergency action required to protect the health and safety of the occupants or the public, enforcement of any notice and order, determination, or action of the director or chief building official issued under Section 15.56.110 shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

(Prior code § 25.17; Ord. 5202-B, 2002; Ord. 5790-B § 16, 2015)

Failure of any person to properly appeal, including making payment of the appeal fee in accordance with the provisions of this part, shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, determination, or action, or any portion thereof.

(Prior code § 25.18)

The county may be awarded its costs, including attorney's fees, in defending against an unsuccessful appeal brought without substantial merit, which costs may be charged jointly and severally against the appellants and recovered as costs of enforcement as provided herein. Such an award must be based upon a finding supported by a preponderance of the evidence that the appeal was without substantial merit or was taken for the sole purpose of delay.

(Prior code § 25.19)