§ 11.05.040. Hearing and appeals.

(a) When the debtor disagrees with the notice to remit payment to the county pursuant to Section 11.05.030 of the Clark County Code, the debtor may request a hearing before the hearing officer. The hearing must be requested within ten business days of service of the notice of relocation responsibility.

(b)

Any hearing conducted pursuant to this chapter shall be limited to the determination of whether a debtor is the person primarily responsible for creating the nuisance or other condition that required the relocation of the tenants.

(c)

The date specified in the notice by which the debtor must remit payment is tolled for the period during which the debtor requests a hearing and receives a decision from the hearing officer and for the period during which the debtor appeals that decision to the board.

(d)

When the debtor requests a hearing, the county shall, within ten business days of such request, set a hearing before the hearing officer. At the hearing, the county and the debtor shall present to the hearing officer the evidence to establish or controvert that the debtor is the person primarily responsible for creating the nuisance or other condition that required the relocation of the tenants. Upon determining that the debtor is the person primarily responsible for creating the nuisance or other condition that required the relocation of the tenants, the hearing officer shall issue an order that the debtor remit payment within five business days of the service of the order. The hearing officer shall further direct the county to collect the relocation costs if the debtor fails to remit payment within five days and no appeal is filed within the time allowed.

(e)

If the debtor presents to the hearing officer substantial evidence that persons other than the debtor may be primarily responsible for creating the nuisance or condition that required the relocation of tenants, the hearing officer shall continue the hearing and order that notice be sent to such persons, as an additional debtors, pursuant to Section 11.05.030 of the Clark County Code. If the additional debtors do not remit payment, the hearing shall be resumed and the hearing officer shall determine which debtor is primarily responsible for creating the nuisance or other condition that required the relocation of tenants pursuant to Section 11.05.040(d) above.

(f)

The debtor who disagrees with the decision of the hearing officer may appeal the decision to the board. The debtor must notify the director of administrative services in writing, within five business days of service of the order, that the debtor is appealing the decision of the hearing officer. The director of administrative services shall schedule the appeal to be heard at the next available scheduled board meeting. At the appeal, the board shall review the evidence presented to and the decision of the hearing officer at the prior hearing. If the board agrees with the decision of the hearing officer that the debtor is primarily responsible for creating the nuisance or other condition that required the relocation of tenants, it shall order the debtor to remit payment to the county within five business days, and direct the county to collect the relocation costs if the debtor fails to remit payment within the five business days.

(g)

If the debtor appeals the decision of the designee to the board and is aggrieved by the determination of the board, the debtor may, within thirty calendar days after the board's determination, appeal to the district court. The judicial review shall be limited to whether the determination was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in Chapter 233B of NRS for reviewing a final decision of an agency.

(Ord. 2720 § 1 (part), 2002)