§ 50-215. Appeal of order of abatement.

(a)

The hearing officer's decision and any order of abatement issued by the hearing officer pursuant to this division may be appealed in writing to the appeals board by any interested person, by filing with the city clerk a written appeal. This appeal must be filed no later than seven days after the date of service of the hearing officer's decision and must contain the following information:

(1)

A specific identification of the property which is the subject of the nuisance abatement proceeding.

(2)

A caption reading: "Appeal of [name of appellant(s)]."

(3)

A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the order of abatement.

(4)

A statement in ordinary and concise language of the specific order or action protested, together with the contentions of the appellant and any material facts supporting the contentions of the appellant.

(5)

The address of each person appealing.

(6)

The signatures of all parties named as appellants.

(7)

The verification of at least one appellant as to the truth of the matter stated in the appeal.

(b)

An appeal shall be deemed filed upon receipt by the city clerk's office and the payment of any appeal fee, which may be established by resolution of the city council. The city clerk shall set a date on which the appeals board shall hear the appeal, which shall be no later than 30 business days from the date the appeal was filed. Written notice of the time and place of the appeal hearing shall be given at least ten days prior to the date of the hearing to each appellant and to all interested persons, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof by certified U.S. mail, postage prepaid and return receipt requested; U.S. mail delivery confirmation; U.S. mail signature confirmation; or such other delivery method that is reasonably calculated to provide actual notice to the intended recipient at the address shown on the appeal. Mailed service of the notice shall be deemed complete at the time of deposit in the U.S. mail. Continuances of the hearing may be granted for good cause in the sole discretion of the appeals board.

(c)

The failure to file an appeal to the appeals board, pursuant to this division, shall render the decision and any order of abatement of the hearing officer final and conclusive, shall be deemed a failure to exhaust administrative remedies, and shall act as a complete bar to any legal proceeding challenging the city's abatement of the public nuisance.

(d)

At the time of the appeal hearing, the appeals board shall permit any interested person to present written or oral arguments relating to the appeal based upon the record presented at the hearing on the order to show cause. The appeals board shall not permit the introduction of any further evidence unless a showing is made by the offering party that the evidence could not reasonably have been presented to the hearing officer at the time and place of the prior hearing. Additionally, the appeals board may permit the presentation of evidence if the evidence is reasonably calculated to show that there has been substantial change in the condition of the property since the time of the prior hearing. Thereafter, based upon the prior administrative record, the evidence that may be presented pursuant to this section, and the written or oral arguments of interested persons, the appeals board shall determine whether the property, in its then condition, constitutes a public nuisance within the meaning of this division.

(e)

If the appeals board finds such nuisance conditions do not exist, it shall dismiss the proceeding. If the appeals board finds that a public nuisance exists, it shall issue an order of abatement requiring the abatement thereof. The order of abatement shall take the form of a written decision briefly setting forth the findings of facts relied upon in making the order, the conditions constituting the nuisance, the manner in which the nuisance may be abated, and the date by which the nuisance must be abated.

(f)

The decision and any order of abatement of the appeals board shall be final and conclusive on the date it is issued. The decision shall be served in the manner set forth in section 50-183. The decision shall include notification that any action to judicially review the decision and order of abatement must be commenced not later than 90 days following the date of the decision and order of abatement, pursuant to Code of Civil Procedure § 1094.6.

(Ord. No. 2002-04, § 2(16B.05.013), 5-8-2002)