§ 16.30.140. Hearing decision.

At the conclusion of the hearing, the hearing board shall issue a recommended decision ("recommended decision"). The hearing board may determine:

(a)

That no public nuisance exists.

(b)

That a public nuisance exists which should be abated in accordance with Section 16.30.160 of this chapter, in which case the nuisance shall be abated no sooner than the fifth business day following the mailing of notice of the board of supervisor's adoption of the hearing board's recommended decision.

(c)

That a public nuisance exists which may be removed by some procedure proposed by the owner other than destruction of the fire hazardous plants or materials. If the hearing board determines that another procedure proposed by the owners may be employed to remove the public nuisance, it shall set a reasonable time within which the owner must complete that procedure. If the owner fails to complete the procedure proposed within the time limit set by the hearing board, the fire code official may, upon five business days notice of the board of supervisor's adoption of the hearing board's recommended decision sent by the clerk of the board to the owner by regular mail, commence abatement in accordance with Section 16.30.160 of this chapter. At any hearing in which it is determined that a public nuisance exists, whether abatement or implementation of an alternate procedure proposed by the owner is ordered, the hearing board shall also determine the cost of administration incurred. The owner or any person affected by the notice shall be entitled to be heard on the question of such cost of administration. The hearing board shall make its recommended decision at the conclusion of the hearing and shall transmit such recommended decision to the property owner and persons in possession of the property and to the board of supervisors for adoption by resolution. the board of supervisors may adopt the recommended decision on the consent agenda without further notice or hearing, or may set the matter for a de novo hearing before the board of supervisors as set forth in Government Code section 25845.

(Ord. No. 3386, § 1, 3-26-19)