§ 7.20.070. Conduct of expedited hearings.

Pursuant to Government Code Sections 25845(i) and 27721(A), the board of supervisors or designated hearing officer shall hold an administrative hearing to determine whether the conditions described in the notice constitute a nuisance under the Mono County Code or other relevant law, or whether there is any other good cause why the conditions should not be abated. The hearing shall be held no less than ten calendar days and no more than twenty calendar days after service of the notice. Upon written request by an owner or occupant, received by the clerk of the board no less than five calendar days before the scheduled hearing date, the hearing may be continued one time for good cause at the discretion of the Board or hearing officer, for not longer than ten calendar days.

A.

General. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Witnesses shall be sworn. The board or hearing officer may question witnesses at any time and recall them as necessary. All participants, including parties, counsel and witnesses are expected to maintain a civil demeanor and to present only relevant evidence. The hearing officer may refuse to admit into the record any evidence which he or she determines to be irrelevant.

B.

Hearing Procedures.

1.

The director shall post the notice and any staff report, or other relevant evidence to be considered by the hearing officer, on the Mono County Code Compliance webpage at least five days before the scheduled hearing date.

2.

The owner or occupant shall be given an opportunity at the hearing to present and elicit testimony or other evidence regarding whether the conditions existing on the property constitute a nuisance under this chapter, whether there is any other good cause why those conditions should not be abated, or whether any fines were levied inappropriately.

3.

In the event that the owner or occupant does not appear and present evidence at the hearing, the board or hearing officer may base the decision solely upon the evidence submitted by the director. Failure of the owner or occupant to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.

4.

The board or hearing officer shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the notice.

C.

Post-Hearing Procedures.

1.

The board or hearing officer shall issue a written decision, which shall include findings relating to the existence or nonexistence of the alleged violation(s), findings related to the appropriateness of the fines levied, and findings concerning the propriety and means of abating the conditions described in the notice.

2.

The decision shall be mailed in accordance with Section 7.20.050 to, or personally served upon, the party requesting the hearing, any other parties upon whom the notice was served, and the director. If an owner or occupant was represented by counsel at the hearing, a copy of the decision shall instead be mailed in accordance with Section 7.20.050 to or personally served upon his/her counsel. The decision shall constitute the county's final administrative decision when signed by the board chair or hearing officer and served as provided herein.

3.

The written decision must contain a statement of the violation(s) and/or nuisance(s) requiring abatement, findings of fact on material issues and the grounds in the record for those findings; any related conclusions of law or policy; any aggravating or mitigating circumstances that are pertinent to the decision; costs, fines and penalties and the reasons therefor; if requested by the director, an order authorizing the county to abate the nuisance and for the cost of the abatement to be specially assessed against the parcel; and a statement that the decision is final and may be appealed to the superior court as set forth below.

D.

Appeal. All final administrative decisions or orders may be appealed pursuant to Government Code Section 53069.4.

(Ord. 411 § 7, 1971.)

(Ord. No. 18-06, § 5, 5-8-2018)