A. Appeals of revocations or suspensions of permits shall be made to the hearings officer, to be designated by the City Administrator. A hearings officer may be an officer, official of the city or other employee of the appropriate authority, but shall not have participated in any determination or investigation related to the incident that is subject of the hearing. Hearings under this section may be informal in nature, but the presentation of evidence shall be consistent with that required for contested cases under O.R.S. § 183.450. The determination of a hearings officer at the hearing for non-criminal violations under this section is final and is not subject to appeal.
B. Orders of the hearings officer:
1. The hearings officer shall provide a written statement of the results of the hearing held under this section to the person requesting the hearing.
2. Findings of fact and conclusions of law shall accompany a final order. The findings of fact shall consist of a concise statement of the underlying facts supporting the hearings officer's order.
3. The hearings officer shall notify the appellant and respondent of a final order by delivering or mailing a copy of the order and any accompanying findings and conclusions to the appellant and respondent or, if applicable, their attorney of record. The hearings officer shall issue a final order within 14 days from the conclusion of the hearing.
4. The hearings officer shall file all final orders with the City Recorder. A final order shall become effective 5 days after it is filed unless a party makes objections to the form of the order within 5 days of filing and the hearings officer subsequently amends the final order.
C. Enforcement of hearings officer order:
1. Fines and costs are payable upon receipt of the final order declaring the fine and costs. Fines and costs under this chapter are a debt owing to the City of Canby and may be collected in the same manner as any other debt allowed by law.
2. The City of Canby may institute appropriate suit or legal action, in law or equity, in any court of competent jurisdiction to enforce any order of the hearings officer, including, but not limited to, an action to obtain judgment for any fine or any assessment for costs imposed pursuant to §§ 5.06.110B. or 5.06.140G.
D. Judicial review of the final order of the hearings officer under this chapter shall be by writ of review as provided in O.R.S. 34.010 to 34.100.
E. Appeals of criminal violations of this chapter can be made de novo with the Clackamas County Circuit Court following the procedures governing criminal appeals in the State of Oregon.
(Ord. 1386, passed 11-6-2013)