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ORD 1687
City of Pleasanton
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ORD 1687
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Last modified
3/26/2004 12:12:27 PM
Creation date
3/10/1999 6:20:00 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT NO
ORD 1687
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1.28.060 Notice of Hearing, <br /> <br />A. Every notice of hearing on a compliance order shall contain the date, time and place at <br /> which the hearing shall be conducted by the hearing officer. <br /> <br />B. Each hearing shall be set for a date not less than fifteen days nor more than sixty days <br /> from the date of the notice of hearing. <br /> <br />C. This hearing serves to provide the full opportunity of a person subject to a compliance <br /> order to object to the determination that a violation has occurred and/or that the violation <br /> has continued to exist. The failure of any person subject to a compliance order, pursuant <br /> to this Chapter, to appear at the hearing shall constitute a failure to exhaust administrative <br /> remedies. <br /> <br /> 1.28.070 Hearing - Findings and order <br /> <br />A. At the place and time set forth in the notice of hearing, the hearing officer shall conduct a <br /> hearing on the compliance order issued pursuant to Section 1.28.030. <br /> <br />B. The hearing officer shall consider any written or oral evidence regarding the violation and <br /> compliance by the violator or by the real property owner. <br /> <br />C. Within a reasonable time following the conclusion of the hearing, the hearing officer shall <br /> make findings and issue its determination regarding: <br /> <br /> 1. The existence of the violation; <br /> <br /> 2. The failure of the violator or owner to take required corrective action within the <br /> required time period. <br /> <br />D. The hearing officer shall issue written findings on each violation. The findings shah be <br /> supported by evidence received at the hearing. <br /> <br /> E. If the hearing officer finds by a preponderance of the evidence that a violation has <br /> occurred and that the violation was not corrected within the time period specified in the <br /> compliance order, the hearing officer shall issue an administrative order. <br /> <br />F. If the hearing officer finds that no violation has occurred or that the violation was <br /> corrected within the time period specified in the compliance order, the hearing officer shall <br /> issue a finding of those facts. <br /> <br /> <br />
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