§ 38A-17. Administrative review of order to abate fire hazard, administrative penalty liability order.

(a)

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, which in no event shall be sooner than seven (7) days from the date of mailing, unless otherwise agreed to by the responsible party and the Fire Chief. The Hearing Officer shall sustain, rescind, or modify the Order to Abate Fire Hazard or the Administrative Penalty Liability Order 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.

(b)

Any administrative hearing conducted pursuant to this chapter need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Hearing Officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

(c)

The Hearing Officer shall issue a written decision, which shall include findings relating to the existence or nonexistence of the alleged fire hazard, as well as findings concerning the imposition and the appropriate amount of an administrative penalty, to support the decision.

(d)

Written notice of the Hearing Officer's decision shall be given by mail within seven (7) calendar days after the date of the decision to the person(s) subject to the notice, the Fire Chief, and any person filing a written request for notice of the decision.

(e)

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 38A-18 of this chapter, the decision of the Hearing Officer shall be deemed confirmed.

(f)

If the applicable administrative penalty has not been paid, the amount of any unpaid administrative penalty may be declared a lien on any real property on which the violation existed or exists, as provided in Section 38A-19 of this chapter.

(Ord. No. 3936, § 4 (part), 6-13-06)