Port Hueneme Municipal Code Ch. 4 Procedures for Administrative Actions

The procedures of this Chapter are intended to constitute the administrative procedures to be followed when implementing provisions of this Code and shall apply except where alternative procedures are expressly set forth in this Code.

The following words and phrases as used in this Chapter shall be defined as follows:

(a) "Enforcement Officer" means the city officer or employee designated as responsible for enforcing provisions of this Code or related regulations or resolutions.

(b) "Hearing Officer" means the City Manager or his designee who shall hear timely appeals filed affecting those decisions of an Enforcement Officer eligible for appeal.

(c) "Appellate Body" means the Council who may review decisions of the Hearing Officer and may conduct a de novo hearing. All decisions of the Appellate Body shall be deemed for all purposes final and conclusive.

(d) "Fee" means an appeal filing and processing fee in an amount set by resolution. Such fee shall be paid to the Treasurer contemporaneously with the filing of an appeal.

An Appeal from an administrative decision of an Enforcement Officer or a decision of a Hearing Officer shall (a) be in writing and describe the decision appealed from; and shall (b) set forth the basis for appeal; and (c) be filed with the City Clerk not later than ten (10) consecutive calendar days following the giving of notice of that decision appealed from, and be accompanied by evidence of payment of any required fee. No appeal shall be accepted for filing as valid for any purpose, unless it complies with the provisions of the Section. Upon the filing of valid appeal the decision appealed from shall be suspended. Any appeal may be withdrawn in writing by the appealing party; no portion of a required fee shall be refunded in such case.

Upon compliance with Section 1302, the City Clerk shall set the matter for a de novo hearing before the Hearing Officer or Appellate Body, whichever is applicable. The City Clerk shall give the appealing party and any other interested person who has, in writing, requested notice, at least five (5) calendar days' written notice of the time and place of the hearing.

At each appeal hearing all persons interested in such matter shall be given a reasonable opportunity to be heard. The burden of proof shall be on the appealing party to show that the decision appealed thus was arbitrary, unreasonable, or not in conformity with the provisions of this Code. The determination of the Hearing Officer and/or Appellate Body or body shall be in accordance with the standards set forth in this Code relating to the subject of the appeal.

The City Clerk shall give written notice of the decision of the Hearing officer and/or Appellate Body promptly to the appealing party, and any other interested person who has, in writing, requested the same.

Unless a timely appeal is filed decisions of the Enforcement Officer or the Hearing Officer shall be deemed final and conclusive.

The substance of the Rules of Evidence applicable to Judicial proceedings shall be observed in hearings conducted by the Enforcement Officer, the Hearing Officer and the Appellate Body, to the end that decisions are made based upon reasonably reliable evidence.

Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever the Enforcement Officer or his authorized representative has reasonable cause to believe that there exists in any building or premises unsafe, dangerous or hazardous conditions, the Building Official or Code Enforcement Officer or their authorized representatives shall have recourse to every remedy provided by law to secure entry.

When the Building Official or Code Enforcement Officer or their authorized representatives shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or Code Enforcement Officer or their authorized representatives for the purpose of inspection and examination pursuant to this Chapter. A violation of this section shall be a misdemeanor unless determined by the City Attorney to be an infraction.