Skip to main content
Loading…
This section is included in your selections.

The Notice of Administrative Civil Penalty Appeal Hearing shall contain all of the following:

(a) The name and last known address of each Responsible Party. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(b) A street address, legal description or other description sufficient to identify the Property on which the Violation occurred or exists. (Ord. 2576, § 5, 6/27/2017)

(c) A statement that at the time and place specified therein, which shall be no sooner than fifteen (15) calendar days after the date on which the Notice of Administrative Civil Penalty Appeal Hearing is served on the Appellant, the Hearing Officer shall hear testimony and consider evidence concerning the alleged Violation and/or the amount of the proposed administrative civil penalty and any other matters the Hearing Officer deems pertinent. (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(d) A statement that the Appellant may be represented by legal counsel and present testimony and cross-examine the Code Enforcement Investigator and other witnesses at the Administrative Civil Penalty Appeal Hearing. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(e) A statement that the Hearing Officer may take official notice of any fact which may be judicially noticed by the courts of the State of California, either before or after the conclusion of the Administrative Civil Appeal Hearing. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(f) A statement that the Hearing Officer shall have the authority to issue subpoenas for orders to appear and produce documents at the Administrative Civil Penalty Appeal Hearing upon the showing of reasonable necessity by the requesting party. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(g) A statement that the Administrative Civil Penalty Appeal Hearing shall be subject to the requirements set forth in California Government Code Section 11513, as may be amended from time to time. (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(h) A statement that the Administrative Civil Penalty Appeal Hearing shall be recorded (i.e. audio, video and/or stenographic) in order to maintain a record of the proceedings. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(i) A statement that the costs associated with transcribing a recording of the Administrative Civil Penalty Hearing shall be borne by the party or parties requesting such transcription. (Ord. 2576, § 5, 6/27/2017)

(j) A statement that the Hearing Officer may, upon the request of the Appellant or the Code Enforcement Unit, or upon the Hearing Officer’s own motion, continue the Administrative Civil Penalty Appeal Hearing for good cause shown. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(k) A statement that, upon the conclusion of the Administrative Civil Penalty Appeal Hearing, the Hearing Officer may terminate the administrative civil penalty proceedings, or impose an administrative civil penalty and order payment thereof in accordance with the requirements and time limits set forth in the Finding of Violation and Order Imposing Administrative Civil Penalty. (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(l) A statement that the Appellant may contest the Hearing Officer’s imposition of a final administrative civil penalty by filing a request for judicial review in the Humboldt County Superior Court within twenty (20) calendar days after service of the Finding of Violation and Order Imposing Administrative Civil Penalties. (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(m) A statement that, if a request for judicial review of the Hearing Officer’s decision is not filed with the Humboldt County Superior Court within twenty (20) calendar days after service of the Finding of Violation and Order Imposing Administrative Civil Penalty, the final administrative civil penalty, along with any and all Administrative Costs and/or Attorney’s fees associated therewith, may become a lien against the Property on which the Violation occurred or exists which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310 , et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110 , et seq. (Ord. 2576, § 5, 6/27/2017)

(n) A statement that an additional Notice of Violation can be served upon the Responsible Party as set forth in this Chapter, if a Violation occurs, continues or exists after ninety (90) days from the Imposition Date of the initial administrative civil penalty. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017)