Right to Appeal Under Time Frame One or Time Frame Two
San Diego Municipal Code § 12.0606
in effect§12.0606 Right to Appeal Under Time Frame One or Time Frame Two
(a) The Responsible Person may appeal the Abatement Notice within ten (10) calendar days from the date of service of the Abatement Notice by filing a written request to appeal to a Director. If the Abatement Notice includes the assessment of an Abatement Penalty, the fine shall automatically be stayed and be part of the appeal.
(b) Upon receiving a written request to appeal an Abatement Notice, a Director shall follow the procedures set forth in Division 5, Article 2 of Chapter 1 and request the City Manager to schedule a hearing to hear any objections why abatement should not be ordered and effected. If the Abatement Notice includes the assessment of an Abatement Penalty, the Enforcement Hearing Officer shall also consider evidence that is relevant to the following issues: (1) whether the Responsible Person caused or maintained a public nuisance on the dates specified in the Notice and Order; and (2) whether the amount of penalties assessed by the Director was reasonable.
(c) Abatement shall not proceed until the Enforcement Hearing Officer issues an order, unless the Director concludes that an imminent threat to the public’s health and safety exists.
(d) If the Enforcement Hearing Officer issues an order confirming the existence of a public nuisance, the City may immediately abate the public nuisance pursuant to the procedures of this Division. The Hearing Officer’s decision is the final administrative decision and shall become effective upon the date of the order.
(“Abatement of a Public Nuisance by the City” added (portions previously contained in former Sec. 13.0305(g)–(j)) on 8–10–1993 by O–17956 N.S.)
(Amended and retitled on 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter01/Ch01Art02Division06.pdf#page=3Fetched: 10/28/2026