SEC. 161.1004. APPEALS TO HOUSING APPEALS BOARD.
(Added by Ord. No. 185,644, Eff. 7/6/18.)
A. Creation. There is hereby created and established the “Housing Appeals Board” (“Appeals Board”) consisting of members of the Rent Adjustment Commission (“RAC”) or any successor commission. The Appeals Board shall have the authority to adopt rules of procedure for conducting business. Copies of all rules of procedure adopted by the Appeals Board shall be delivered to the General Manager, who shall make them accessible to the public.
B. Authority of the Appeals Board. The Appeals Board shall have the authority to hear and decide appeals concerning:
1. A General Manager’s decision issued pursuant to Division 8 of this Article, other than a referral to the City Attorney or issuance of an order to abate.
2. Any other General Manager’s decision, determination or order concerning the maintenance, sanitation, ventilation, use, occupancy or habitability of residential rental properties, buildings, units, structures, or common areas falling within the scope of this Article.
3. A request received pursuant to the California Health and Safety Code Section 17959.4.
C. Requirements to File an Appeal. An appeal filed under this Section shall meet the following requirements:
1. Such appeals shall be made in writing on the form provided by the Department.
2. Such appeals shall be filed with the Department along with payment of the appeal processing fee of $150.00.
3. For appeals filed pursuant to Section 161.1001 A.3. of this Article, such appeals shall be filed within 15 calendar days of service of the challenged decision except that, whenever the time for filing any appeal falls on a Saturday, Sunday or legal holiday, the time for filing the appeal shall be extended to the close of business on the next succeeding business day.
4. For appeals filed pursuant to Section 161.1001 A.4. of this Article, such appeals shall be filed before the expiration of the compliance date specified in the order or within 15 calendar days of service of the challenged decision or determination except that, whenever the time for filing any appeal falls on a Saturday, Sunday or legal holiday, the time for filing the appeal shall be extended to the close of business on the next succeeding business day.
5. The appellant shall specify the grounds for appeal as to any claimed error of law or fact or abuse of discretion.
D. Burden of Proof. In any appeal filed under this Section, the appellant shall have the burden of proving the basis of the appeal by a preponderance of the evidence.
E. Stay of Enforcement. The filing of an appeal under this Section shall stay enforcement of those portions of the challenged decision, determination, or order, except referrals to the City Attorney and Urgent Repair Program (Article 15 of Chapter IV of this Code) where violations constitute an imminent danger or hazard to life or limb health or safety.
F. Notice of Hearing. Upon receipt of a timely appeal, the Appeals Board shall set the matter for hearing.
1. Notice of the hearing date, time, place and purpose shall be served at least 15 calendar days before the Appeals Board hearing.
2. The Notice of hearing shall be served on the appellant, property owner/landlord, tenant(s) of affected residential units, General Manager, and any interested party who has requested in writing to be so notified as follows:
a. Appellant shall be served by first class United States mail postage prepaid, at the address provided on the appeal form.
b. Property owner/landlord and tenants shall be served in accordance with Section 161.409 of this Article as applicable.
c. General Manager shall be served by delivery to the Office of the General Manager.
d. Interested parties shall be served by first class United States mail, postage prepaid, at the address provided by the interested party.
G. Conduct of Appeals Board Hearing and Scope of Review.
1. During the hearing, the Department, appellant, property owner/landlord, tenant, and any interested person may present oral and documentary evidence relevant to a decision on the appeal.
2. The Appeals Board review shall be limited to those claimed errors of law or fact or abuse of discretion set forth in the written appeal.
3. For appeals of a General Manager’s decision issued under Division 8 of this Article, the Appeals Board shall not consider evidence that was not presented during the General Manager’s hearing unless it is newly discovered evidence that could not, with due diligence, have been discovered and produced at the General Manager’s hearing.
4. For appeals of a General Manager’s decision issued under Division 8 of this Article, compliance with orders to comply after the General Manager’s hearing shall not be considered by the Board.
5. No evidence shall be submitted outside of the hearing.
6. The Appeals Board shall have no authority relative to interpretation of the administrative provisions of this Article and the Appeals Board shall not be empowered to waive requirements of this Article.
7. The decision of the General Manager to refer the property to the City Attorney for criminal prosecution is not subject to appeal.
H. Decision.
1. The Appeals Board shall issue a written decision within 15 calendar days of the hearing on appeal.
2. The Appeals Board may affirm, modify or reverse the appealed decision, determination or order of the General Manager upon making written findings setting forth specifically any error or abuse of discretion.
3. The Appeals Board decision shall be served on the appellant, property owner/landlord, and tenant in accordance with subsection F. of this Section.
4. If the Appeals Board denies the appeal, any decision, determination or order that was appealed shall be effective retroactively to the date specified in the original order, decision or determination.
5. If the Appeals Board’s decision orders a rent reduction or inclusion into REAP, it shall comply with the notice provisions of Sections 162.04 and 162.06 of this Code.
6. If the Board’s decision orders relocation assistance, the decision shall comply with Section 151.09(G) of this Code.
7. The Appeals Board decision shall be the final administrative decision.
