CODE COMPLIANCE - FILING AN APPEAL

If you have been issued any one of the following notices you are entitled to a formal appeal process. Each notice has a deadline for filing an appeal and your appeal rights are written on the notice. If you miss the deadline you give up all your rights to appeal the notice. If a request form hasn’t already been provided you may request one from the officer who issued the notice or click on the appeal link below. In the case of a Public Nuisance Abatement you must request your appeal directly to the Clerk of the Board.

Administrative Citation      Appeal Form

Citations are preceded by a Warning. A Warning cannot be appealed. Once a Citation is issued an appeal must be received by the County no later than 14 days after its issuance. If the request is mailed, the envelope must be postmarked with a date no later than 14 days after the Citation issuance date.

Notice & Order to Assess Administrative Civil Penalty      Appeal Form   
A Notice & Order can be preceded by a Pre-Civil Penalty letter, Administrative Citation or Warning, none of which can be formally appealed. Once a Notice and Order to Assess Administrative Civil Penalties has been issued an appeal must be received by the County no later than 14 days after its issuance. If the request is mailed, the envelope must be postmarked with a date no later than 14 days after the issuance of the Notice & Order.

Notice & Order to Abate a Public Nuisance
If a property is posted with a Notice and Order to Abate, any owner or other person in possession of the property may appeal the Notice within the number of days stated in the Notice. The appeal shall be submitted in writing, specify the grounds upon which the appeal is taken, contain the name, address and telephone number of the person appealing and be accompanied by the payment of a $500 appeal fee. The appeal shall be filed with:
 

Clerk of the Board
County of San Diego
1600 Pacific Highway, Room 402
San Diego, California 92101-2471
Telephone No.: (619) 531-5434
 

A timely appeal will stay any further abatement action until the hearing is concluded. The Clerk of the Board will set the hearing, assign the appeal to a hearing officer and provide at least 10 days notice to the parties in writing of the date and location of the hearing.

Notice of Violation       Appeal Form
Once a compliance deadline has passed in a Notice of Violation, the Notice can be recorded against the property. A Notice of Intent to Record will be sent to a property owner who can appeal the recordation with this Department within 14 days after the Notice of Intent was served, either at the office of the department that issued the Notice or by returning a Request for Hearing form by mail. If a person submits a request by mail, the request must be postmarked within 14 days of the Notice of Intent to Record a Notice of Violation.