(A) Continuances. No continuances shall be authorized by the Hearing Officer in proceedings under this chapter, except in cases where a continuance is absolutely necessary to protect the rights of the defendant. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a Hearing Officer under this chapter shall not exceed 25 days.
(B) Representation at hearing. The case for the city may be presented by an attorney designated by the city or by any other municipal employee; except that, the case for the city shall not be presented by any employee of the Code Hearing Department. The case for the defendant may be presented by the defendant, his or her attorney or any other agent or representative of the defendant.
(C) Failure to appear.
(1) If on the dates set for the hearing the alleged violator or his or her attorney or designee fails to appear, the Hearing Officer may find the alleged violator in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation.
(2) Upon finding the alleged violation in default, the Ordinance Enforcement and Code Hearing Administrator shall send or cause to be sent notices by first class mail, postage prepaid to the violator who received the notice of an ordinance violation. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
(3) Upon failure of the person receiving a notice of a violation to appear at the time and date designated for a hearing in the case of a violation of the city motor vehicle code and failure of the registered, owner, operator or lessee of the “cited vehicle” to pay the fine in full as stated on said notice, the Ordinance Enforcement Administrator shall send or cause to be sent notices by first class mail postage prepaid to the person who received the notice; or the violation of the city motor vehicle code, the registered owner or operator of the “cited vehicle” at the address as is recorded with the Secretary of State, and shall be sent to the lessee of the “cited vehicle” at the address last known to the lessor of the “cited vehicle” at the time of the lease. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
(4) A Hearing Officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the Hearing Officer determines that the petitioner’s failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the municipality did not provide proper service of process. If any judgment is set aside pursuant to this division (D)(4), the Hearing Officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the municipality as a result of the vacated default judgment.
(Prior Code, § 11.07) (Ord. 06-019, passed 3-28-2006; Ord. 2016-002, passed 2-9-2016)