8B Consent 2009 1116 - Laserfiche WebLink

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3.2.255 DECISION OF THE ADMINISTRATIVE HEARING BODY AND ADMINISTRATIVE ORDER (a) The Administrative Hearing Body considering an appeal of a notice of violation that has imposed a penalty may confirm, vacate, or modify but not increase, any such penalty imposed by the Enforcement Officer, and order the payment thereof. The decision on an appeal shall be final and conclusive in the matter. (b) The Administrative Hearing Body conducting a hearing set pursuant to an order in the notice of violation, if it determines that a violation exists, may issue an Administrative Order imposing the remedies provided in this subsection. Notice concerning judicial review of the decision shall be given as provided in Section 1-12-800(d) of this Code, The remedies for a violation found as a result of such a hearing shall be as follows: (1) Requiring the responsible party to correct or eliminate the violation or nuisance condition, including a proposed schedule for correction or elimination. (2) Authorizing the City to enforce the Administrative Order and abate or cause the abatement of the violation where the responsible party has refused or has otherwise neglected to take appropriate steps to correct or eliminate the violation. The Administrative Order shall specify that if the City undertakes to abate or eliminate the violation it shall be entitled to recovery of all costs and expenses incurred in performing such work, and shall also be entitled to recover its administrative costs. Administrative costs shall include costs incurred by the City in connection with the proceeding, including attorney's fees, costs of investigation, stafFng costs incurred in preparation for the hearing and for the hearing itself, and the cost of any re-inspection and other costs necessary to enforce the Administrative Order. Such costs, if unpaid, may be recovered by the City through a lien on the affected property or through a special assessment as provided in Section 1-12-600 of this Code. (3) Any other order or remedy that is in the interests of justice. (c) Any and all other appeals not specifically provided for in this Chapter shall be heard in accordance with the provisions of Chapter 1-9 of this Code. 3.2.260 JUDICIAL REVIEW (a) An appeal filed pursuant to Section 3-2-255(a), seeking judicial review pursuant to Government Code §53069.4 of an administrative penalty imposed by the decision of a Hearing Body, shall be filed within the time limits prescribed therein. (b) Except as otherwise provided herein; the provisions of California Code of Civil Procedure (C.C.P.) §1094.6 or successor statute are hereby adopted and any petition for review of an administrative decision of the City of San Leandro, or of any of its boards, commissions, departments, agencies, or persons authorized to render such a decision, including review pursuant to Section 3-2-255(b), shall be filed within the time limits prescribed therein. Notwithstanding such time limits, where a shorter time limitation is provided by any other law, such shorter time limit shall apply. ORDINANCE N0.2009-009 6