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8B Consent 2009 1102
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8B Consent 2009 1102
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10/30/2009 9:58:11 AM
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10/30/2009 9:58:10 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/2/2009
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_CC Agenda 2009 1102
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3.2-255 DECISION OF THE ADMINISTRATIVE HEARING BODY AND ADMINISTRATIVE ORDER <br />(a) The Administrative Hearing Body considering an appeal of a notice of violation that has <br />imposed a penalty may confirm, vacate, or modify but not increase, any such penalty imposed by the <br />Enforcement Officer, and order the payment thereof. The decision on an appeal shall be final and conclusive in <br />the matter. <br />(b) The Administrative Hearing Body conducting a hearing set pursuant to an order in the notice <br />of violation, if it determines that a violation exists, may issue an Administrative Order imposing the remedies <br />provided in this subsection. Notice concerning judicial review of the decision shall be given as provided in <br />Section 1-12-800(d) of this Code. The remedies for a violation found as a result of such a hearing shall be as <br />follows: <br />(1) Requiring the responsible party to correct or eliminate the violation or nuisance condition, <br />including a proposed schedule for correction or elimination. <br />(2) Authorizing the City to enforce the Administrative Order and abate or cause the abatement of <br />the violation where the responsible party has refused or has otherwise neglected to take appropriate steps to <br />correct or eliminate the violation. The Administrative Order shall specify that if the City undertakes to abate or <br />eliminate the violation it shall be entitled to recovery of all costs and expenses incurred in performing such <br />work, and shall also be entitled to recover its administrative costs. Administrative costs shall include costs <br />incurred by the City in connection with the proceeding, including attorney's fees, costs of investigation, staffing <br />costs incurred in preparation for the hearing and for the hearing itself, and the cost of any re-inspection and <br />other costs necessary to enforce the Administrative Order. Such costs, if unpaid, may be recovered by the City <br />through a lien on the affected property or through a special assessment as provided in Section 1-12-600 of this <br />Code. <br />(3) Any other order or remedy that is in the interests of justice. <br />(c) Any and all other appeals not specifically provided for in this Chapter shall be heard in <br />accordance with the provisions of Chapter 1-9 of this Code. <br />3.2.260 JUDICIAL REVIEW <br />(a) An appeal filed pursuant to Section 3-2-255(a), seeking judicial review pursuant to <br />Government Code §53069.4 of an administrative penalty imposed by the decision of a Hearing Body, shall be <br />filed within the time limits prescribed therein. <br />(b) Except as otherwise provided herein; the provisions of California Code of Civil Procedure <br />(C.C.P.) §1094.6 or successor statute are hereby adopted and any petition for review of an administrative <br />decision of the City of San Leandro, or of any of its boards, commissions, departments, agencies, or persons <br />authorized to render such a decision, including review pursuant to Section 3-2-255(b), shall be filed within the <br />time limits prescribed therein. Notwithstanding such time limits, where a shorter time limitation is provided by <br />any other law, such shorter time limit shall apply. <br />
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