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A. Appeal. Any person aggrieved by the action of the director in issuing an administrative citation pursuant to the provisions of this chapter may appeal such citation. To appeal an administrative citation, the appellant shall file a signed written appeal that must be received by the city clerk within ten days of the effective date of the administrative citation. The request for appeal shall be deemed filed on the date received by the city clerk. If no appeal is filed within ten days of the effective date of the administrative citation, the administrative citation shall be deemed final.

B. Appeal Process.

1. Title 15 Violations (Building, Plumbing, Housing, Fire Code, Etc.). For administrative citations for violations of Title 15 and all non-Title 15 violations issued in conjunction with violations of Title 15, the appeal shall be to the construction board of appeals, with a right to appeal either directly to the superior court pursuant to Government Code Section 53069.4 or to petition for a writ to the superior court.

2. Election of Appeal Process for Non-Title 15 Violations. For all other administrative citations not eligible for appeal to the construction board of appeals, an appellant may elect either of the following:

a. Where an appellant does not wish to challenge the administrative citation or any final city action related to the citation in court by any writ action, an appellant may elect an expedited appeal process to a city hearing officer, whose final decision may be appealed directly to the superior court for de novo review pursuant to Government Code Section 53069.4.

b. Where an appellant wishes to challenge the administrative citation or any final city action related to the citation in court by any writ action, such appeal shall be made to the administrative review board to ensure preparation of an adequate administrative record. The decision of the hearing body may be appealed either directly to superior court for de novo review pursuant to Government Code Section 53069.4 or the appellant may file a petition for a writ to the superior court. For purposes of writ review, the decision of the administrative review board shall be final and the completed appeal to the administrative review board shall satisfy administrative exhaustion requirements of the city.

c. Only one appeal process may be chosen, and once chosen, the election is final.

C. Contents of Appeal. The written appeal shall state the following information:

1. A caption setting forth the names, addresses, phone numbers and other contact information appellants wish city to have, of all appellants participating in the appeal.

2. A brief statement setting forth the interest of each of the appellants, either as the recipient of the notice of violation and administrative citation, or the legal interest of each in the building or property that is the subject of the notice of violation and administrative citation.

3. A brief statement describing: (a) the specific notice(s) of violation and administrative citation(s) appealed, by date of notice of violation and administrative citation, address of property cited or location where an individual was cited, and municipal code violations cited, (b) whether all or only specified code violations are being appealed, (c) why the appellant is appealing the notice of violation and administrative citation, and why the notice of violation and administrative citation should be revoked, modified or otherwise set aside.

4. For non-Title 15 code violations, pursuant to subsection B of this section, a statement whether the appellant elects either to proceed with a hearing officer (if no writ will be sought) or to the administrative review board (if the appellant intends to challenge city action by writ).

For Title 15 violations, and non-Title 15 violations issued in conjunction with a Title 15 violation, the appeal shall be scheduled by staff to be heard by the construction board of appeals.

Failure to request hearing before the construction board of appeals or administrative review board within the time for the filing of an appeal will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action.

5. A statement that all of the matters alleged in the appeal are true, followed by the signature(s) of each appellant(s), and one official mailing address for the appellant(s) to receive further notices from city relating to the appeal. (Ord. 1625 § 1 (part), 2015)