1.40.100 Hearing officer decision – Right of appeal therefrom.
(1) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or overturn the citation based upon whether there was a preponderance of evidence that the violation(s) listed in the citation existed or occurred and shall state the reasons therefor.
(a) If the citation is upheld, and the violation has not been fully corrected as of the date of the hearing, the hearing officer shall order correction thereof in the decision and provide a deadline to complete said action(s) – which shall in no event be greater than 30 calendar days from the date of the decision. The decision of the hearing officer shall be a final administrative decision.
(b) If the citation is upheld and the appellant did not deposit the fine at the time the appellant requested an administrative appeal hearing, the hearing officer shall also order the payment of the fine (and other applicable fees and costs) as set by council resolution within 20 calendar days of the decision.
(c) If the citation is overturned in whole or in part, the city shall refund the fine deposit corresponding to the portion of the citation that was overturned. Any such fine shall be mailed to the responsible person within 45 calendar days of the city’s receipt of the hearing officer’s decision and order.
(2) The appellant(s) shall be served by first class mail with a copy of the hearing officer’s written decision. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of an appellant to receive a properly addressed decision shall not invalidate it or any hearing, city action or proceeding conducted pursuant to this chapter.
(3) Decisions of the hearing officer are, in accordance with Government Code Section 53069.4(b), appealable to the superior court within 20 days after the date of their service. Each decision shall contain a statement advising the appellant(s) of this appeal right and the procedures and court filing fee for its exercise. An appellant shall serve a copy of the court-filed notice of appeal on the office of the city clerk – Cudahy City Hall, 5220 Santa Ana Street, Cudahy, California 90201 – by personal service or first class mail within five calendar days of filing the original thereof.
(4) If a hearing officer’s decision is not appealed in a timely manner, the decision shall be deemed confirmed, final, and binding.
(5) An appeal from a hearing officer’s decision is not appealable to the city council and the superior court is the sole reviewing authority. The appeal hearing before the superior court shall be heard de novo, except that the contents of the city’s file in the case (including the citation) shall be received in evidence and shall constitute prima facie evidence of the facts stated therein.
(a) If a responsible person prevails on appeal, the city shall reimburse his or her filing fee, as well as the fine deposit in accordance with the court judgment. These monies shall be mailed to the responsible person within 45 calendar days of the city’s receipt of a notice of judgment or ruling from the superior court clerk. (Ord. 660 § 1, 2016).