Shasta Lake Municipal Code Art. VIII Conduct of Hearing on Appeals

Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

(Ord. 00-126 § 2 (part))

A. Hearing by Abatement Hearing Officer. At the time fixed in the notice required by Section 8.16.350, the abatement hearing officer shall proceed to hear the testimony of the building official or designee and the testimony of the appellant and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in his/her notice of appeal.

B. Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the abatement hearing officer. If the appellant seeks judicial review of the decision of the abatement hearing officer, preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1904.5, as presently written or hereinafter amended.

C. Reporting. The proceedings at the hearing may also be reported by a certified shorthand reporter if such reporter is provided by the appellant at his/her own expense.

D. Continuances. The abatement hearing officer may, upon request of the appellant or the building official, grant continuances from time to time for good cause shown, or upon his/her own motion.

E. Reasonable Dispatch. The abatement hearing officer and its representatives shall proceed with reasonable dispatch to conclude any matter before him/her. Due regard shall be shown for the convenience and necessity of any parties or their representatives.

(Ord. 00-126 § 2 (part))

A. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

B. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

C. Rights of Parties. Each party shall have these rights, among others:

1. To testify and call others to testify on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To rebut the evidence against him/her;

4. To represent himself or herself or to be represented by anyone of his/her choice;

5. If a party does not proficiently speak or understand the English language, he/she may provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.

(Ord. 00-126 § 2 (part))

A. The abatement hearing officer may, with the owner(s)' consent, or by inspection warrant, inspect the building or premises involved in the hearing prior to, during, or after the hearing, 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. The abatement hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom; and

4. Each party then shall have a right to rebut or explain the matters so stated by the abatement hearing officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

B. Neither inspection warrant nor the owner(s)' consent to inspect the building and surrounding properties is required if such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the property on which the building is located.

(Ord. 00-126 § 2 (part))

A. If it is shown by a preponderance of the evidence that the owner has violated provisions of this chapter, then the abatement hearing officer shall order the owner to correct the dangerous conditions or demolish the building within a reasonable time. The abatement hearing officer shall also order that if the owner fails, refuses or neglects to correct the dangerous conditions or demolish the building within the time set forth in its order that the city may repair, demolish or secure the building pursuant to this chapter or institute an action to compel compliance with its order.

B. The decision of the abatement hearing officer is a final decision subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5, and shall be in the form of an order and shall contain findings of fact, a determination of the issues presented, and the requirements with which the owner shall comply. The order shall also inform the appellant that the decision of the abatement hearing officer is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6.

C. The effective date of the decision and order and the period or periods within which the appellant must comply with the requirements of the decision shall be as stated in the decision.

(Ord. 00-126 § 2 (part))

A copy of the decision and order shall be served on the appellant or appellant's personally or sent to him/her/them at the address shown on the appeal(s) by certified mail, postage prepaid, return receipt requested and a copy shall be posted on the property.

(Ord. 00-126 § 2 (part))