ORD 2209 - Laserfiche WebLink

Ordinance 2209 Page 10 of 11 4. The notice and any additional report or information submitted by the community development department shall constitute prima facie evidence of the respective facts contained in those documents and records. 5. The hearing officer may continue the hearing and request additional information from the community development department or the person requesting the hearing prior to issuing a written decision. H. Hearing officer's decision. 1. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the action described in the notice and shall list in the decision the reasons for that decision. 2. If the hearing officer determines that the action described in the notice should be upheld, the hearing officer set forth a written decision including the applicable penalty as set forth in Section 9.32.160. 3. The person requesting the hearing shall be served with a copy of the hearing officer's written decision. The decision shall include a statement that: person requesting the hearing may request an appeal of the hearing officer's decision by submitting an appeal request, in writing, to the city clerk within ten (10) calendar days of the date of the hearing officer's decision; failure to request an appeal will constitute a waiver of all appeal rights, and the decision of the hearing officer will be final. 4. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of fines or penalties upheld by the hearing officer. I. Appeal to City Manager. After receipt of the hearing officer's written decision, the person requesting the hearing may appeal by sending a written appeal request to the city clerk within ten (10) days from the date of the hearing officer's decision. The appeal request should include facts that may justify rescinding the hearing officer's decision. If such an appeal request is timely made, it shall stay enforcement of the appealed hearing officer's decision. The city clerk will forward the appeal request and supporting documents concerning the original notice and request for hearing to the city manager. The city manager will review all information and determine if the hearing officer's decision will stand. The city manager, at his or her discretion, may hold a public hearing on the matter and accept oral and written testimony. The person requesting the hearing will be notified in writing of the city manager's decision concerning the appeal within thirty (30) days after sending the written appeal request. The decision of the city manager shall be final. J. Judicial Review. Judicial review of the city manager's decision and any penalties imposed under this chapter shall be taken under Cal. Government Code §53069.4(b) and commenced within twenty (20) days of the date of service of the decision. 9.32.190 Enforcement. A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.