8.80.090 Order after abatement hearing—Right to appeal.
A. After the conclusion of the hearing, the hearing officer(s) shall render a decision within ten days on the existence of a nuisance and the necessity to abate. The decision shall be issued as follows:
1. If such nuisance is not found to exist, or if the necessity to abate is not found to exist, the hearing officer(s) shall so notify all persons in writing who originally received notice; or, if such nuisance is found to exist and if the necessity to abate is also found, shall issue a written notice and order for abatement directing the nuisance(s) to be abated, which shall be mailed to all persons originally receiving notice.
2. Any order issued for the abatement of nuisances under the Uniform Housing Code and/or the Uniform Code for the Abatement of Dangerous Buildings, shall state that the owner of the substandard or dangerous building may abate the nuisance within thirty days from the posting on the premises of a copy of the order of the hearing officer(s) declaring the property a nuisance. The order shall also be mailed to the property owner and in cases of violation(s) of the Uniform Code for the Abatement of Dangerous Buildings, to each mortgagee or beneficiary under any deed of trust, certified mail, postage prepaid, return receipt requested, with proof of service.
B. Any person subject to an order to abate a nuisance after hearing may appeal the decision of the hearing officer to the city manager of the city of Bakersfield by filing a written request to appeal with the city clerk within ten days, or within thirty days in cases of violations of the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous Buildings, from the date appearing on the notice and order to abate. The request for appeal must be received by the city clerk by five p.m. on the respective deadlines appearing on the notice and order, and the cost of appeal must be paid at the time the request for appeal is filed. If no appeal is filed, the city shall be deemed to have acquired jurisdiction to abate the nuisance or have the same done under its direction and supervision.
C. As soon as practicable after receiving the appeal, the city manager, or his or her designee, shall set a date to hear the appeal, which date shall be within a reasonable time from the date the appeal was filed. The appellant shall be given written notice of the time and place of the hearing at least ten days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mail addressed to the appellant at the address shown on the appeal. The city manager or his or her designee shall act in the capacity of administrative hearing officer for purposes of hearing any appeal timely filed pursuant to this section; provided, however, the board of building appeals of the city of Bakersfield shall hear any appeal concerning the abatement of nuisances under the Uniform Code for the Abatement of Dangerous Buildings. The hearing officer, or the board of building appeals as the case may be, shall have authority to receive all relevant evidence, swear witnesses, question witnesses, demand the production of documents and witnesses, and otherwise do all things necessary and proper to reach an informed decision on the appeal. The hearing need not be conducted according to technical rules of evidence. The hearing officer may affirm, deny, or modify the order after abatement hearing that is the subject of the appeal, which decision shall be final.
D. If after the issuance of a final order declaring a building a nuisance under the nonsummary abatement procedures described above, and if no appeal has been timely filed or after an appeal has been timely filed but denied, the city shall be deemed to have acquired jurisdiction to abate such nuisance by repairing, securing against entry, razing or removing the building, unless the nuisance is abated by the owner or other person interested within the thirty-day period or any extension thereof as may be granted by the hearing officer(s). In the event that the nuisance is not abated within the time prescribed, the city may raze and/or remove the building or have the same done under its direction and supervision. (Ord. 5116 § 1, 2022)