Shasta Lake Municipal Code Art. VII Appeal

A. Form of Appeal. Any person entitled to service under Section 8.16.130, 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 division, 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 calendar the appeal for hearing before the abatement hearing officer as follows:

1. If the appeal is received by the building official not later than fifteen (15) days prior to the next regular hearing of the abatement hearing officer, if any, it shall be calendared for hearing at that hearing;

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

3. If more than one appeal is received by the building official regarding a notice and order on the same property, all such appeals shall be calendared to be heard at the same hearing of the abatement hearing officer as the last timely appeal received by the building official.

C. Noticing Appeal for Hearing. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the building official 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 and to all other people receiving the appealed-from notice and order.

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 this section. 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, preparation and service of notices, staff appearance at the appeal hearing, and compensation of the abatement hearing officer, if any. 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).

(Ord. 00-126 § 2 (part))

Failure of any person to file an appeal in accordance with the provisions of Section 8.16.190 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 1904.5.

(Ord. 00-126 § 2 (part))

Except for orders to vacate made pursuant to Section 8.16.170, and utility disconnection orders made pursuant to Section 8.16.180, enforcement of any notice and order of the building official issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

(Ord. 00-126 § 2 (part))