§ 49-5. Review of administrative enforcement orders.  


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  • a.

    Administrative Review. Any person who has been named in an order issued by the Enforcement Officer pursuant to this chapter may file an objection to such an order. An objection must be in writing and filed with the Enforcement Officer on or before the seventh (7th) day following service of the Enforcement Officer's order. An objection must state both the legal and factual bases in support thereof, and must include at a minimum the requested modification(s), if any, of the order together with a summary of the issues, facts and legal authorities to be raised at the hearing. The time requirement for filing an objection shall be deemed jurisdictional and may not be waived. In the absence of a timely filed objection which complies fully with the requirements of this Section, the findings of the Enforcement Officer contained in the administrative order shall be deemed true and correct.

    b.

    Upon timely receipt of an objection which complies with the requirements of this Section, the Enforcement Officer shall refer the matter to a Hearing Officer to conduct a hearing. The Hearing Officer shall be selected 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. Notice of the hearing shall be sent by first class mail postage prepaid to the persons filing the request. The notice shall state the date, time and place of the hearing (which in no event shall be sooner than seven (7) days from the date of the mailing, unless otherwise agreed to by the responsible party and the Enforcement Officer).

    c.

    The Hearing Officer shall issue a written decision which shall include findings to support the decision. Written notice of the decision shall be given by mail within seven (7) calendar days after the date of the decision to the person subject to the order and any person filing a written request for notice of the decision.

    d.

    Judicial Review. Pursuant to Section 1085 of the Code of Civil Procedure, any person who has been named in an order issued by the Enforcement Officer pursuant to this chapter may, following exhaustion of administrative remedies, seek judicial review of the order by filing a petition for writ of mandate within ninety (90) days after the order becomes final and binding pursuant to this chapter. Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, any person who contests a final administrative order issued under this Article regarding the imposition, enforcement or collection of the administrative penalties imposed, may seek judicial review of the order by filing an appeal with the superior court within twenty (20) days after service of the order in accordance with Section 53069.4 of the Government Code. Any other person who has the right to seek judicial review of the order by filing a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure shall do so within one hundred eighty (180) days after the order has become final and binding pursuant to this chapter. The filing of a petition for writ of mandate to review the order shall not stay any action specified in the order.

(Ord. No. 3900, § 1, 1-25-05; Ord. No. 3944, § 6, 11-21-06)