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(A) Any responsible person who contests a notice of abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer. The administrative appeal shall be scheduled no later than 60 calendar days, and no sooner than 10 calendar days, after receipt of a timely filed request for appeal. The appellants listed on the written request for an appeal shall be notified in writing of the date, time, and location of the hearing at least 10 calendar days prior to the date of the hearing.
(B) Any request by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than two business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause or on his/her own motion; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.
(C) At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear and consider the testimony of the appealing person(s), the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s).
(D) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a notice of abatement shall constitute prima facie evidence of the violation. The appellant, and the enforcement officer issuing the notice, if present, as well as all other responsible persons, shall have the opportunity to present evidence and to present and cross examine witnesses. The appellant and the enforcement officer issuing the notice of abatement, or other responsible persons, may represent himself/ herself/themselves or be represented by anyone of his/her/their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/ her/their sole expense. The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. The hearing officer may question any person who presents evidence or who testifies at any hearing.
(E) The appellant, or other interested persons, may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the City Clerk at least three City business days prior to the hearing. If all appellants and interested persons elect to appear at the hearing by written declaration, the enforcement officer who issued the notice of abatement shall not be required to attend or participate at the hearing.
(F) If the appellant fails, or other responsible persons fail, to appear, or to otherwise submit a written declaration or any admissible evidence demonstrating the nonexistence of the alleged nuisance(s), the hearing officer shall cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant’s waiver of the right to appeal. In such instances, the notice of abatement is final and binding.
(Ord. 4667, passed 2-9-15)