§ 1.12.050. Administrative appeal hearing.

A.

Any person receiving an administrative citation may request an appeal hearing within ten business days after the citation was served. The request for a hearing must be made in writing and filed with the county clerk in person or by mail. When an administrative citation is sent by mail, the hearing must be requested within ten business days after the citation was postmarked.

B.

As soon as practicable after receiving the written request for a hearing, the county administrative officer shall appoint a hearing officer who shall be either a planning commissioner or an independent professional qualified to act as the hearing officer if no planning commissioner is willing or able to serve. The person appointed to serve as hearing officer shall not reside in the community in which the person responsible for the violation lives or where the subject property is located. For purposes of this paragraph, "community" includes any of the following areas designated in the Mono County General Plan Map: (1) Antelope Valley, (2) Benton, (3) Benton Hot Springs, (4) Bodie Hills, (5) Bridgeport; (6) Chalfant, (7) Hammil Valley, (8) June Lake, (9) Long Valley, (10) Mammoth Vicinity, (11) Mono Basin, (12) Oasis, (13) Sonora Junction, (14) Swauger Creek, and (15) Wheeler Crest. The clerk shall provide the hearing officer with a copy of the citation and written request for hearing at the time the hearing officer is appointed. The county administrative officer, or his or her designee, shall then fix a date, time and place for the hearing. At least ten business days before the hearing date, written notice of the date, time, and place of the hearing shall be served on the recipient of the citation and on the property owner (if different), as well as on anyone else who received formal notice of the citation, by any one of the following means:

1.

Personal service;

2.

Certified mail, postage prepaid, return receipt requested. Such service shall be deemed effective and perfected on the date of mailing.

C.

The failure of any person with an interest in the property on which the violation occurred to receive notice of the appeal hearing shall not affect the validity of any proceedings taken under this chapter.

D.

Failure of any person to timely request a hearing in accordance with the provisions of this section shall constitute a waiver of his or her right to a hearing.

E.

The hearing officer shall consider any written or oral evidence presented at the hearing consistent with the following procedures:

1.

The person who filed the appeal shall have the burden of proof at the hearing;

2.

The contents of the county's file shall be accepted into evidence (except as to such portions of the file, if any, that contain confidential or privileged information);

3.

The notice of violation and the administrative citation shall be admitted as prima facie evidence of the facts stated therein.

F.

The hearing officer shall independently consider the facts of the case and shall draw his or her own independent conclusions as to the merit of the appeal; i.e., the appeal shall be heard de novo.

G.

Upon conclusion of the hearing and receipt of information and evidence, the hearing officer may immediately render a decision, continue the proceeding or take the matter under submission and later render a decision.

H.

The order and decision of the hearing officer shall be the final administrative action of the county. If the hearing officer finds a violation has occurred, he or she may nevertheless, for good cause shown, reduce, waive or conditionally reduce the fines stated in the citation. The hearing officer may also impose additional conditions and deadlines by which to correct the violation or to pay any outstanding fine(s).

I.

The hearing officer shall issue a written order and decision setting forth supporting findings within thirty days after the conclusion of the hearing. The written order and decision shall also inform the person who filed the appeal of his or her right under state law to appeal the order of the hearing officer to the superior court within twenty days after service of the written order and decision is perfected on the appellant in conformity with Government Code Section 53069.4(b)(1).

J.

The clerk shall serve the hearing officer's written order and decision on the appellant and compliance specialist within five working days after the written order and decision is received by the clerk for filing. Service of the hearing officer's written order and decision on the appellant shall be by certified mail, postage prepaid, return receipt requested. Service of the hearing officer's written order and decision on the compliance specialist shall be by email or regular mail.

K.

Fines shall not accrue during the administrative hearing appeals processes associated with the violation on which the fine is based.

L.

If an administrative citation is appealed under this section, then the fines or penalties will not be collected before the hearing officer issues the written order and decision.

(Ord. 02-03 § 1 (part), 2002.)

(Ord. No. 18-10, § 1(Exh. A), 6-12-2018)