§ 5.28.190. Appeal hearing

Not later than 30 days, or longer if a notice of continuance is mailed to the appellant, following the date of filing an appeal within the time and in the manner prescribed by section 5.28.180, the hearing authority shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be mailed to the appellant not later than ten days preceding the date of the hearing.

During the hearing, the burden of proof shall rest with the appellant. The provisions of the California Administration Procedure Act (commencing at section 11500 of the California Government Code) shall not be applicable to such hearings; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. In the conclusion of the hearing, the hearing authority shall prepare a written decision which either grants or conditionally grants or denies the appeal, and contains findings of fact and conclusions. Notice of the written decision, including a copy thereof, shall be filed with the clerk of the permitting authority and mailed to the appellant not later than seven days following the date on which the hearing is closed.

The decision of the hearing authority shall become final upon the date of filing and mailing.