(a) Upon receipt of a properly completed written demand for an administrative hearing, the city shall promptly assign a hearing examiner to the case in the manner set forth in city code § 1.17(a).
(b) Subpoenas shall issue, if necessary, as set forth in city code § 1.17.
(c) The city shall serve in person or by mail on the
requesting a hearing a written notice of the time, place and date of the hearing at least five business days in advance of the scheduled date, unless a shorter time is acceptable to all parties.
(d) At the hearing, the parties shall have the opportunity to present testimony and question any witnesses, but strict rules of evidence shall not apply. The hearing officer shall tape record the hearing and receive testimony and exhibits, and the full record of the hearing shall be kept. The hearing officer shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.
(e) The hearing officer shall have the authority to determine:
(1) Whether the
constitutes a
as defined in § 12.72 of the city code;
(2) What must be done to abate
found to constitute a
; and
(3) The date on which such abatement must be completed.
The decision of the hearing officer shall be in writing and contain findings of fact and conclusions of law. The written report shall be served on the parties by mail within ten days of the date of hearing. The decision of the hearing officer shall be final without any further right of administrative appeal.
(Ord. 72-24, passed 4-24-1972; Ord. 80-58, passed 12-22-1980; recodified by Ord. 98-53, passed 11-16-1998; added by Ord. 2000-9, passed 5-15-2000; Ord. 2016-24, passed 10-24-2016)