§ 7.20.080. Conduct of hearings.  


Latest version.
  • A.

    Public Hearings. All hearings held by the board shall be open to the public. The board may exclude persons present for conduct which disrupts or threatens to disrupt the proceedings.

    B.

    Representation of Parties. Any party to a hearing may be represented by counsel or other representative of the party's choice.

    C.

    Failure of Parties to Appear. In the event that any party fails to appear at the hearing in person or by representative, the board may find that the appeal of that person has been abandoned or in its discretion the board may hear and review such evidence as may be presented and make its decision as if all parties had been present.

    D.

    Rules of Evidence and Procedure. Hearings shall be informally conducted according to the rules of evidence and procedure established by the board. The clerk to the board shall maintain copies of the rules and make them available on request.

    E.

    Additional Hearing for Determining Penalties and Costs. If at the conclusion of the hearing the board determines the person has committed or permitted one or more violations of the county code, the board may take additional evidence to determine whether to order:

    1.

    Reimbursement of all or a portion of county's abatement costs;

    2.

    Civil penalties, but in no event less than five hundred dollars for each violation;

    3.

    Corrective action; and

    4.

    Attorney fees.

    F.

    Decision. The board shall prepare a written decision, with supporting findings which shall be final upon adoption and enforceable following ninety days after service of the decision by mail, unless a stay of execution is issued by a court of competent jurisdiction; provided that an order for corrective action shall be enforceable immediately if the board determines that immediate action is necessary to protect the public health and safety. The decision shall be subject to judicial review under Code of Civil Procedure Section 1094.5 and shall state the time for seeking judicial review as provided in Section 1094.6 of the Code of Civil Procedure. The decision shall be signed by the board and shall indicate the yes or no vote of each member of the board and shall be filed as a public record with the clerk and director no later than thirty days following the conclusion of the hearing.

(Ord. 362A § 10, 1998: Ord. 362 § 8, 1972).