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17.38.060 Compliance Cases, Administrative Reviews and Appeals.

(Added by Ordinance No. 186192; amended by Ordinance Nos. 186902 and 187904, effective August 19, 2016.)

A.  Reviews and Appeals. A person may request a modification to a BES decision related to this Chapter via an administrative review with BES staff, unless review is limited by administrative rule. After the requestor has exhausted all BES program and enforcement program reviews, the requestor may file for an appeal with the Code Hearings Officer per PCC Title 22.

1.  Reviews and appeals of the following may be requested:

a.  The determination of a violation of this Chapter or associated rules.

b.  The type and level of enforcement action taken by BES.

c.  The type and amount of penalty imposed by BES.

d.  Compliance due dates.

e.  A requirement to obtain a permit.

f.  A denial of a permit.

g.  Required remediation actions.

h.  Other items made reviewable by administrative rule.

2.  Reviews and appeals may not be requested for:

a.  The amount of cost recovery assessment against the person by BES.

b.  A requirement to meet a technical standard.

c.  Other issues identified in individual program-specific administrative rules.

B.  BES Code Compliance Cases. BES may file a case before the Code Hearings Officer under PCC Title 22 to compel compliance with City regulations. The person committing the violation will be offered the opportunity to present evidence.