(A) The hearing shall be conducted by the hearing officer at the date, time and location specified in the notice of hearing.
(B) The enforcement officer shall provide all information relevant to the administrative citation to the hearing officer prior to the hearing date. If an enforcement officer submits a written report concerning the administrative citation to the hearing officer at least five days prior to the date of the hearing, a copy of such report shall be deposited in the United States mail, first class postage prepaid, addressed to the responsible person at the address set forth on such person's request for hearing. If a written report is submitted by an enforcement officer to the hearing authority less than five days prior to the date of the hearing, a copy of any written report shall be provided to the responsible person at the hearing. Failure of the responsible person to receive the report shall not invalidate the hearing.
(C) An administrative citation and any additional document submitted by the enforcement officer shall be accepted by the hearing officer as prima facie evidence of the facts stated in such document(s).
(D) The hearing officer shall allow the responsible person an opportunity to testify at the hearing and to present evidence concerning the administrative citation, including but not limited to the code violation specified in the administrative citation, efforts to correct the code violation, and any financial hardship.
(E) The enforcement officer or any other representatives of the city shall not be required to attend the hearing. The hearing officer shall not require that the enforcement officer submit any evidence other than a copy of the administrative citation. Notwithstanding the foregoing, the enforcement officer and/or other city representative(s) may, but need not, appear at the hearing and/or submit additional evidence at the hearing.
(F) The hearing officer may continue a hearing from time to time. The hearing officer may request additional information or evidence from the responsible person who filed the request for hearing prior to issuing a decision. The hearing officer may allow the responsible person additional time to correct the code violation prior to rendering his or her decision.
(G) All hearings shall be recorded on a video or audio device, unless the city elects to use a court reporter. The city need not provide transcriptions of any hearings. All audio and video recordings are public records, available pursuant to the city's established provisions regarding public records. If a court reporter is used, the responsible person who requested the hearing may obtain a copy of the transcript upon payment to the court reporter of any applicable fees or costs.
(H) A hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence shall be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might consider such evidence improper in a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant or unduly repetitious evidence shall be excluded.
(I) After considering all testimony and evidence submitted at the hearing, within ten days of the hearing, the hearing officer shall issue a written decision to affirm, modify, or dismiss the administrative citation. The decision shall include the hearing officer's findings, as well as information regarding the responsible person's right to seek judicial review of the decision and the time in which to do so. The decision of the hearing officer shall be the final administrative order or decision of the city and is non-appealable.
(J) The decision of the hearing officer shall be served on the responsible person by mailing a copy thereof to the responsible person at the address indicated on the hearing request form. Service shall be deemed complete five days after deposit of such copy in the United States mail, first class postage prepaid.
(K) If the hearing officer determines that the administrative citation should be affirmed, the amount on deposit with the city shall be retained by the city. If the hearing officer modifies the administrative citation in such a manner as to decrease the fine and/or any interest and/or penalties on deposit with the city, any amount on deposit which is in excess of the amount affirmed by the hearing officer shall be returned to the responsible person who filed the hearing request form. If the hearing officer determines that the administrative citation should be canceled, the city shall promptly refund the amount of any deposited fine.
(Ord. 1282, passed 3-1-06)