§ 2-3303. POWERS AND DUTIES OF HEARING OFFICER.

A Hearing Officer shall have those powers set forth in Sections 27721 and 27722 of the Government Code and is authorized to:

(a)

Conduct hearings specified in this code;

(b)

Issue subpoenas; receive evidence; administer oaths; rule on questions of law and the admissibility of evidence;

(c)

Grant continuances based on good cause shown by one (1) of the parties to the hearing or upon their own independent determination that due process has not been adequately afforded to a party;

(d)

Exercise continuing jurisdiction over the subject matter of the hearing for the purposes of granting a continuance;

(e)

Make findings of fact and legal conclusions;

(f)

Rule upon the merits of the proceeding, including, but not limited to, an administrative enforcement hearing or an administrative appeal hearing, upon consideration of the evidence submitted and then prepare and issue a written decision and order, including, but not limited to;

(1)

Orders that are necessary to remedy any violations identified in a notice issued in accordance with this code, including authorizing the enforcing official to summarily abate the violation and/or impose conditions for the continued use of the subject property or activity;

(2)

Impose, modify, or deny administrative penalties. In those cases where the administrative penalty is not fixed, but is subject to a range as otherwise established by this code, the Hearing Officer may set, increase, or decrease, according to proof, the amount of administrative fine, charge, or the daily rate of such administrative fine or penalty;

(3)

Determine the date upon which the accrual of administrative fines, charges, or penalties shall begin and where the corrections are subsequently completed to the County's satisfaction, the date upon which the accrual of such fines, charges, or penalties shall end. If the violations have not been so corrected, the daily accrual of the administrative fines, charges, or penalties accrued shall continue until the violations are corrected or the legal maximum limit is reached;

(4)

Determine amounts and order payment of abatement costs, administrative costs, and/or administrative fines, charges, or penalties;

(5)

Imposition of a lien, special assessment, special collection, or other collection process against a responsible party and any affected property, as appropriate after hearing for objections to the filing of liens or special assessments on real property; and

(6)

Deferral of the effective date of orders of abatement in cases of extreme hardship to owner-occupants or tenants of dwellings.

(g)

Prepare a record of the proceedings.

(Ord. No. 4514, 8-7-2018)