Legal Question in Administrative Law in California

I received an administrative citation for alleged zoning violations on my rental property located in the City of Santa Barbara. I appealed the citation and submitted a detailed appellate brief to the Hearing Officer prior to the hearing outlining the basis for my appeal on of which was that the zoning violation did not exist. At the appeal hearing I presented my case but due to time constraints the City needed a continuance to dispute my evidnece which was granted for three weeks. On the day before the next continued hearing the Chief Building Official dismissed my citation and canceled the hearing. I asked for an official ruling or order from the Hearing Officer but received no response. The City then sued me for not abating the underlying code violations citing that the citation was dismissed but not the actual enforcement case. Is this not a violation of collateral estoppel?


Asked on 4/17/10, 1:53 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

It sounds to me that the City is seeking a judicial review of the administrative hearing officer's decision. From the facts that you have provided, I cannot see what the basis would be for going to court; however, the hearing officer was obligated under the law to provide a basis for his decision. Please contact me to fill in the details. (805) 549-7745.

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Answered on 4/22/10, 2:42 pm


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