I Received A Notice From Code Enforcement. How Do I Appeal?

Courtesy Notice Received: If you received a Courtesy Notice, this notice may not be appealed as it is informal and sent to you for educational purposes. If you do not understand why, you received the notice or have objections to the notice, please contact the assigned Code Enforcement Officer whose email and direct phone number is at the end of the notice.

Notice of Violation Received: If you receive a Notice of Violation, this notice may be appealed as it is a formal notice and you are afforded your due process rights. The Notice of Violation is required to be appealed within 10 days from the notice issuance date provided on the top left corner of the first page. You will be required to provide a monetary deposit set by City Council as part of the appeal.

Administrative Citation Received: If you receive an Administrative Citation, this notice/penalty is also formal and may be appealed and you are afforded all of your due process rights. The Administrative Citation is required to be appealed within 30 days from the notice/penalty issuance date on the top left corner of the first page. You will be required to provide a monetary deposit in the full amount of the penalty received as part of the appeal.

Notice of Abatement Received: If you receive a Notice of Abatement, this notice is formal and may be appealed and you are afforded all of your due process rights. The Notice of Abatement is required to be appealed within 10 days from the notice issuance date provided on the top left corner of the first page.

Appeal Request: If you are within the time frame to appeal a notice, please submit an appeal by filling out the appeal request form and submit the form to the City Clerk for review and processing.

[Appeal request form or link or try to get this document in web submission form]

I Submitted An Appeal Hearing Request Form. What Happens Now?

Once an appeal request form is submitted, the case is placed on hold until the case can be heard by a third-party Hearing Officer, unless the issue is a threat to health, life, and safety. 

The City Clerk’s Office will process the appeal request and coordinate with the third-party Hearing Officer and the person(s) appealing the case to schedule a date, time, and location of the hearing. After coordinating a date, time, and location the City Clerk’s Office will notify all parties in writing via first-class mail and email. Once the hearing is scheduled, Code Enforcement will submit their testimony and evidence of the violation through the City Clerk’s Office and a copy will be provided to the appellant and Hearing Officer. The appellant may submit their testimony and evidence as well prior to the hearing.

I Received a Notice of Hearing. What Are The Hearing Procedures?

The hearing shall be informal and the Hearing Officer will have an affirmative obligation to seek the truth concerning the issues at the hearing. The Hearing Officer may ask questions of any witnesses and may establish procedure for the presentation of evidence. 

All testimony will be given under oath as the Hearing Officers have the authority to administer oaths.

The Code Enforcement Officer assigned to the case will give a presentation of the facts and evidence and will have the burden of proof to prove that a violation occurred and that the proposed sanction is appropriate. 

The appellant will also be given time to present their facts and evidence and will be allowed to ask questions.

At the conclusion of the hearing, the Hearing Officer shall prepare and forward to all parties a written decision within thirty (30) days of the conclusion of the hearing. The decision will be mailed first class.

If the Hearing Officer grants the appeal, the Hearing Officer shall have discretion to order the refund of fee charged to the responsible person for the appeal.

I Received My Hearing Decision and Don’t Agree. How Do I Appeal The Decision?

The decision of the Hearing Officer shall constitute the final administrative decision and shall not be appealable to the city council or any committee or commission of the city.

Appeal shall be through judicial review of the final administrative decision by filing a petition for a writ of mandate with the Superior Court in accordance with the provisions of Section 1094.5 and 1094.6 of the California Code of Civil Procedures within ninety (90) days of the final administrative decision.