1.24.130 Decision by administrative review board or construction board of appeals.
A. Decision by Board. After considering all the evidence and testimony submitted at an appeal hearing, the administrative review board or construction board of appeals, as applicable, shall issue a decision, as further described in the administrative citation and appeals guidelines, within thirty calendar days to either uphold or revoke the administrative citation based upon a conclusion of whether the violation occurred. A decision must be supported by a majority of the applicable board. A member shall not vote if he or she did not hear all the evidence or listen to or read the entire hearing record. If an administrative citation charges two or more code violations, the applicable board may uphold all violations, or uphold some violations but not all violations, or dismiss some or all violations. The written decision shall also summarize the evidence, and shall be supported by written findings of fact. The administrative review board and the construction board of appeals do not have the authority to reduce or modify a fine of a violation that is upheld on appeal. If a violation is not upheld, the administrative citation shall be revoked. The notice of decision shall be mailed by first class and certified mail, postage prepaid, return receipt requested, to the appellant or their designated representative. The failure by the appellant to appear at the appeal hearing shall be noted on the notice of decision. The decision of the administrative review board or construction board of appeals shall be final.
The written decision may be, but is not required to be, adopted by resolution and shall contain, at a minimum, the following:
1. Name of appellant;
2. Date of administrative citation, municipal code violations charged, location of subject property (if applicable);
3. Date, time, and place of appeal hearing, and the identity of board members;
4. The names of all people participating in the hearing and their capacity, either as appellant, representative of appellant, witness for or against appellant, city staff or otherwise;
5. A statement that the hearing was recorded, the method of recordation, and that recording is in the custody of the city clerk;
6. A statement whether the appellant or designated representative was present or failed to appear;
7. If no one appeared on behalf of appellant, a statement whether appellant submitted any written or other evidence;
8. A statement that the board received the administrative citation and supporting information as prima facie evidence;
9. A brief summary of all credible relevant testimony and the identity of the witness giving it;
10. A list of all physical evidence, including, but not limited to photographs, maps, drawings, and documents;
11. A statement whether the board upholds, revokes or modifies the administrative citation(s), as to each municipal code violation charged;
12. A statement as to which oral or physical evidence the board found credible in support of the decision;
13. If the decision upholds the administrative citation, in whole or in part, the decision shall specify the due date for payment of the fine, which shall not be less than ten days nor more than thirty days after the date the decision is mailed;
14. The names and votes of members of the board, showing that a majority of the members of the board supported the decision;
15. The signature of the chairman of the board or his or her designee, and the date of signature.
B. Payment of Fine After Appeal Decision. The filing of an appeal from a decision by the administrative review board or the construction board of appeals, or a petition for writ, shall suspend any fine assessed in the administrative citation. In the event that the administrative citation is revoked, no payment of the fine is due. In the event that the administrative citation is upheld, a new compliance deadline and fine due date shall be established by the applicable board and indicated on the notice of decision for the appeal.
C. Effect of Revocation of Citation. Revocation of the administrative citation by the administrative review board or construction board of appeals shall void the administrative citation fine. (Ord. 1625 § 1 (part), 2015)