§ 31-66. Administrative review of notice of violation.

a.

Any person upon whom a notice of violation has been served may request an administrative review of the accuracy of the contents of the notice and/or the propriety of any administrative penalty by filing a written notice of appeal with the Solid Waste Manager no later than thirty (30) days after the date of service of the notice of violation. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses that the appellant wishes to be considered in connection with the appeal.

b.

The appeal shall be heard by a Hearing Officer designated pursuant to the protocol set forth in that document entitled the "Butte County Administrative Hearing Officer Program." The Program is based upon an alphabetical rotation through attorneys currently under contract through the Program. The Hearing Officer shall conduct a hearing concerning the appeal within forty-five (45) days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the county, and shall give the appellant ten (10) days prior written notice of the date of the hearing. The Hearing Officer shall sustain, rescind, or modify the notice of violation by written decision. The Hearing Officer shall have the power to waive any portion of an administrative penalty in a manner consistent with the decision. Service of the Hearing Officer's decision shall be made on the appellant in the manner provided in Section 31-65(f) of this article. The decision of the Hearing Officer is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision. If judicial review of the final administrative decision is not sought in accordance with the provisions of Section 31-67, the decision of the Hearing Officer shall be deemed confirmed and the Solid Waste Manager may withhold approval of any and all Diversion Plans submitted by the responsible person on any project(s) until the applicable administrative penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in Section 31-68 of this article.

(Ord. No. 3944, § 3, 11-21-06; Ord. No. 3925, § 1 (part), 2-14-06)