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3-18-215 ADMINISTRATIVE ORDER APPEAL PROCESS. The owner, occupant or responsible party(Respondent) subject to an Administrative Order proceeding may appeal the City Manager's findings and order to the City Council by filing an appeal with the City Clerk within ten(10) calendar days of the date of service of the City Manager's decision. The appeal shall contain: (a) A specific identification of the alleged basis for liability; (b) The names and addresses of all appellants; (c) A statement of appellant's legal interest in the proceedings; (d) A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal,together with all material facts in support thereof; (e) The date and signatures of all appellants; (f) The verification of at least one appellant as to the truth of the matters stated in the appeal. As soon as practicable after receiving the appeal,the City Clerk shall set a date for the City Council to hear the appeal which date shall not be less than ten(10) calendar days nor more than sixty(60) calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice of the time and place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. Continuances of the hearing may be granted by the City Council on request of the Respondent for good cause shown, or on the City Council's own motion. Upon the conclusion of the hearing, the City Council shall determine whether any civil liability exists and the amount of the liability. If the City Council so finds, the City Council shall adopt a resolution setting forth its findings and ordering the payment of the civil penalty. The decision and order of the City Council shall be final. 3-18-220 WAIVER OF HEARING ON ADMINISTRATIVE ORDER. The responding party in an administrative order proceeding may waive the right to a hearing. If the party waives the right to a hearing,the administering agency City shall issue an order setting liability in the amount proposed in the complaint unless the administering agency City and the party have entered into a settlement agreement, in which case the administering agency City shall issue an order setting liability in the amount specified in the settlement agreement. Where the party has waived the right to a hearing or where the administering agency City and the party have entered into a settlement agreement,the order shall not be subject to review by any court or agency. 3-18-225 REMEDIES CUMULATIVE. The remedies provided for in this Chapter shall be cumulative and not exclusive, and shall be in addition to any and all other remedies available to the City. The violations and penalties as set forth in Chapters 6.7 and 6.95, Division 20 of the California Health and Safety Code, are hereby specifically adopted and shall be cumulative to the remedies set forth herein. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person ORDINANCE NO.2014-021 7