Sacramento Municipal Code Art. V Appeal

A. Form of Appeal. Any person entitled to service under Section 8.96.130(C) or (D) of this chapter, and any person who is a tenant may appeal from any notice and order or any action of the building official under this chapter by filing with the building official's office, a written appeal containing:

1. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

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

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

4. The signatures of all parties named as appellants, and their official mailing addresses.

5. A declaration under penalty of perjury of at least one appellant setting forth the truth of the matters stated in the appeal.

B. Processing of Appeal. Upon receipt of any appeal filed and the appeal fee pursuant to this section, the building official shall transmit said appeal to the secretary of the housing board who shall calendar it for hearing as follows:

1. If the appeal is received by the building official not later than fifteen (15) days prior to the next regular meeting of the board, it shall be calendared for hearing at said meeting.

2. If the appeal is received by the building official on a date less than fifteen (15) days prior to the next regular meeting of the board, it shall be calendared for hearing at the next subsequent meeting of the board.

C. Noticing Appeal for Hearing. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.

D. Appeal Fee. The building official may collect and require an appeal fee to be paid at the time the written appeal notice is filed pursuant to Section 8.100.760 of this title. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, housing board compensation, preparation and service of notices and staff appearance at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The building official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply with the order(s). (Prior code § 50.05.501)

Failure of any person to file an appeal in accordance with the provisions of Section 8.96.170 of this chapter shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the building official's order, or any portion thereof, subject only to review pursuant to California Code of Civil Procedure Section 1094.5. (Prior code § 50.05.502)

Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal. (Prior code § 50.05.503)

Except for orders to vacate made pursuant to Section 8.96.150 of this chapter, and utility disconnection orders made pursuant to Section 8.96.160 of this chapter, enforcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Prior code § 50.05.504)

Upon the timely filing of an appeal, the building official shall schedule a hearing before the housing board. The building official shall provide notice in writing of the date, time and location for the appeal hearing. Notice of the appeal hearing shall be provided by first-class mail at the address provided by the appellant and to all other people receiving the appealed-from order. (Prior code § 50.05.505)