1.18.050 Appeal hearing.
A. The appeal with regard to the recording of a notice of violation shall be heard by the Board of Supervisors and shall be informal in nature. Formal rules of evidence and discovery will not apply. The county bears the burden of proof at the appeal hearing to establish the existence of a violation of the Sierra County Code or applicable state laws, or to establish the existence of a public nuisance. The standard of proof in deciding the issues at the appeal hearing is a preponderance of the evidence standard. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.
B. At the appeal hearing, the Board shall only receive and consider evidence that is relevant to the following issues:
1. Whether the conditions listed in the notice to abate violation violate the Sierra County Code or applicable state law; and
2. Whether the enforcement official afforded the responsible person with due process by adhering to the notification procedures specified in this chapter.
3. If the Board affirms the enforcement official’s decision, the enforcement official may proceed to record the notice of violation.
4. If the Board determines that alleged violations of the Sierra County Code or state law are not reasonably established, the Board shall reverse the enforcement official’s decision to record the notice of violation.
C. Any person against whom a notice of violation has been recorded may obtain review of the order by filing a petition for writ of mandate with the Sierra County Superior Court in accordance with the timelines and procedures set forth in Cal. Civ. Proc. Code § 1094.5. (Ord. 1054, eff. 8/21/14)