§ 11-196. Right to appeal notice of violation

(a) Any person receiving a notice of violation in accordance with this chapter may file a written appeal of the notice of violation with the city manager of the City of Costa Mesa who shall cause the matter to be set for hearing. At least en (10) days' written notice of the date, time and place of said hearing shall be given personally or served by first class mail on the date of the notice, addressed to the appellant's last known business address. Service by mail shall be deemed to be completed at the time of deposit in the United States mail. Proof of giving the notice may be made by a declaration signed signed under penalty of perjury by any employee of the city which shows service in conformity with this section. The appeal, to be effective, must be filed with and received by the city manager within thirty (30) calendar days of the date of mailing of the notice of violation.

(b) The city manager, or his or her designated representative, shall serve as the hearing officer and shall set said appeal for hearing within thirty (30) calendar days of receipt of the appeal application. The Apartment Association of Orange County and the South Coast Apartment Association shall have the right to advise and assist the hearing officer during the hearing. This advice shall be provided by one member from each of these associations appointed by their respective association's board of directors. At least one (1) of these members shall own a rental unit in Costa Mesa and the other may be either a practicing real estate agent or a property manager. Both members must either live or own property in Costa Mesa. Following the conclusion of the hearing, the hearing officer shall affirm, reverse, or reverse subject to conditions, the police chief's notice of violation. The notice of violation shall not be affirmed unless the hearing officer finds that it contains sufficient evidence of a violation of the law by the offending tenant(s) to justify the filing of an unlawful detainer action by the landlord against the offending tenant(s). The hearing officer's decision shall be based upon written findings, to be rendered within fourteen (14) calendar days of the conclusion of the hearing, and shall be final, notwithstanding section 2-303 of this Code.

(c) The landlord or his, her or its authorized agent may offer evidence at any appeal hearing of any safety-related reasons that he, she or it has not or cannot pursue an unlawful detainer action against the offending tenant(s). If the hearing officer determines that credible evidence of a safety-related reason has been shown which prevents or makes unreasonable the landlord's pursuant of an unlawful detainer action against the offending tenant(s), the landlord may be relieved from his, her or its obligation to diligently prosecute an eviction or unlawful detainer action against the offending tenant(s), provided that:

(i) The landlord executes a written assignment to the city prosecutor or city attorney of his or her right to bring an unlawful detainer action against the offending tenant(s), on a form prepared by the city prosecutor or city attorney; and

(ii) The landlord provides all relevant information in his, her or its possession, pertaining to the criminal activities occurring on the premises and to the unlawful detainer or eviction proceedings or action to the city prosecutor or city attorney, including but not limited information as to the names and addresses of all occupants of the premises, their relationship to one another, if any, a copy of the rental agreement for the premises and any amendments thereto, copies of any correspondence, notices, warnings, or other documents relating to the tenancy of the offending tenant(s), and the names and addresses of any witnesses to the offending tenant(s)' activities known to the landlord; and

(iii) The landlord agrees to reimburse the city for the costs of investigation, discovery, and reasonable attorney's fees incurred by the city in prosecuting the eviction or unlawful detainer action, up to maximum of six hundred dollars ($600.00), subject to any order of the court reimbursing such costs as part of any judgment or other order in the unlawful detainer or eviction action.

(Ord. No. 02-6, § 1, 3-18-02; Ord. No. 05-10, § 1, 6-21-05 )