§ 9-8.713. Decision.

(a)

If it is shown by a preponderance of the evidence that the owner has violated provisions of this chapter, the Board shall order the owner to correct the substandard conditions or demolish the building within a reasonable time, and issue an administrative enforcement order which affirms or rejects the civil penalties and costs which were assessed in the Notice and Order or which modifies the daily rate or duration of civil penalties depending upon the review of the evidence. The Board may increase or decrease the total amount of civil penalties and costs that are assessed by the Notice and Order. If the owner fails, refuses or neglects to correct the substandard conditions or demolish the building within the time set forth in the Board's Order, the Board shall order that the City of Modesto may repair or demolish the building or institute an action to compel compliance with its Order. If the building is to be demolished, the decision of the Board shall state that the evidence presented during the hearing supports the Board's finding that it is not economically feasible to repair said building.

(b)

The Board may issue an administrative enforcement order which imposes additional civil penalties that will continue to be assessed until the responsible party complies with the hearing officer's decision and corrects the violation.

(c)

The Board may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.

(d)

The decision of the Board shall be a final decision and shall be in the form of an Order and shall contain findings of fact, a determination of the issues presented, the requirements to be complied with by the appellant. A copy of the Order shall be delivered to the appellant personally or sent to him/her by certified mail, postage prepaid, return receipt requested.

(e)

The Order shall also inform the appellant that the decision of the Board is a final decision. It shall state that the time for and the manner of judicial review is governed by California Code of Civil of Procedure Section 1094.5.

(Ord. 3513-C.S., § 2, effective 6-12-09)